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64-296 - 23 CONGRESS ST, 223-231 DERBY STREET - CONSERVATION COMMISSION t.ILIX SIII__�__fJ �J�RECYCIEp�o UPC 10330 No. 153E HASTINGS, MN Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: 23 Congress Street and 223-231 Derby Street 64-296 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex County for: Pickering Wharf Realty Trust Property Owner and has been noted in the chain of title of the affected property on: January 4, 2007 26448 75 Date Book Page If recorded land, the instrument number which identifies this transaction is: 94 If registered land,the document number which identifies this transaction is: Document Number Signature of Applicant wpalorm Bb.dm•rev.7/1=4 Page 4 of 4 I ; 16 CITY OF SALEM CONSERVATION COMMISSION December 19, 2006 Michael Rockett Pickering Wharf Realty Trust 190 Pleasant Street Marblehead, MA 01945 Re: Certificate of Compliance—DEP #64-296—23 Congress Street and 223-231 Derby Street, Salem, MA Dear Mr. Rockett: Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds, 36 Federal Street Salem, Massachusetts. Please fill out and return the Recording Information on page 4 of the Certificate of Compliance, which will indicate to the Salem Conservation Commission that -- the document-has been — If you have any further questions please feel free to contact me at (978) 619-5685. Sincerely, Carey Duqu s Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978,740.0404 0 WWW.SALEM.COM Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Pickering Wharf Realty Trust computer, use Name only the tab key to move 190 Pleasant Street your cursor- Mailing Address do not use the Marblehead MA 01945 - - return �key. city rrown - - - - - State - _- - zip code V M I y I 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Pickering Wharf Realty Trust Name December 19, 2006 64-296 Dated DEP File Number 3. The project site is located at: 23 Congress Street and 223-231 Derby Street Salem Street Address City/Town 34 445, 446, and 447 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex 15981 107 County- - ------ — - - Book—----- Page------ -- n/a Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: December 14, 2006 Date B. Certification Check all that apply: Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. P ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: "atorm Bb.do •rev.7/13/04 Page 1 of 4 Massachusetts Department of Environmental Protection ` Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. Ongoing Conditions:The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring,that should continue for a longer period). Condition Numbers: Grlk'6A9 4t►, 4 f`l$ and H9 sl aU c l+rwe [� nutx}a�1,� C. Authorization Issued by: Salem 1211q 04 Conservation Commission Dath of I suance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and a opri to D Re ' nal Office(See achment). Signatures: - .•r I J I naform Bb.dm•rev.711304 Pape 2 of 4 • Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 14 Of December 2006 Day Month Year before me,the undersigned Notary Public, personally appeared K. Cornacchio,J. Furnari, D. Pabich, D. Summer, K.Glidden, and A. Hamilton, Name of Document Signer proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member f Salem ° city/Town Conservation Commission -i CAREY R.DUGUE8 � Pulok �OF m hN Cornett M Eow August 16,2013 Signature of otary Public Carey R. uques Printed Name of Notary Public August 16, 2013 My Commission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpaform 8b.doc•rev.7/13/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance P sa-2ss Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided byDEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant .aaform gb.doc•rev.7/1=4 Page 4 of 4 • Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams colra i Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wei" Alford Cumnimpon Hatfield Monterey Richmond Were Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Eastharrpton Hinsdale Mount Washington Sandisfield Wended ... _ _ -._ _ - - -Bekhertamr, _ - Easti-ongmeadow- -Holland.._-_._ -. - -New AsMoro Savoy__ -. Westfield Fax:413-784-1149 Bemardstcn Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adam Shrewsbury West Slwkbddge Bucldand Gill Lee North chademcm Goshen Lenox Nortmelld on South Hadley Wilbraham Cheshire Granby Leveratf orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stwkbddge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Chardon Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Millvine Sidney Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Nouhborough Southborough Wesborough Phone:508-792-7650 Auburn Dunwable Lancaster Northbridge Southbridge West Boylston Fax:508.792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Berne Fitchburg Leominster Oakhan Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sidon Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mention Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Danmwnh Freetown Mattapoiseb Provincetown Tisbury - 20 Riverside DriveAcushnet_ Dennis Gay Head Middeborough Rayri Twm—--- -- --- - Anleboro Dighton Gosndd Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Welff]"I Phone:508-946-2700 Barnstable Eastham Hanover North Anleborough Rockland West Bridgewater Fax:508-947-6557 Barkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tsbury TDD:508-946-2795 Brewster Edgatown Kingston oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fell River Mansfield Pembroke Somerset Yarmouth carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plwwffi Swansea Chilli Franklin Mashpae Plyrrplon Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Abington Cohasse Hull Middeton Reading Waltham Boston,MA 02108 Ashland concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Letungton Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Botdod Everett Lynnfield Newburyport Sherti Westwood Braintree Franingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester.By-ThaSea Norfolk Stoneham Wilmington Burlington Gloucester - Marblehead- North Andover Sudbury Winchester Cambridge Groveland Medield North Rearing Swamisscotf Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform8bdoc•DEP Addresses•rev.12/19/06 Pape 1 of 1 \� t . W�wxc'i y�� y gill E.0 s _z�• � 4 — �, s � Y +FYi� r - k' _- "tl9 IIIILiI�IF r . View of reMnIN wall and marine bulkOM looidng rwrdmasL 1 C a s p ¢�sICAl4� �le^le3w➢�� gy" g � se 1 RPM - k�k,E+ ySS�•to +Q9 View of Parldng lot adjacent to retaining wall bordering South River. Page 2 of 2 a Alliance Environmental Group, Inc. 0 O 124 Mt.Auburn Street,Suite zoo North,Cambridge,MA oz 138 617-492-6500 too Jefferson Boulevard,Warwick,RIoz888 401-732-7600 November 27, 2006 Ms. Carey R. Duques, Conservation Agent �C ,I @7 E® Salem Conservation Commission 2 S 2006 120 Washington Street Nov Salem, MA 01970 DEPT.Of PLANNING& RE: Request for Certificate of Compliance COMMUNITY DEVELOPMENT Pickering Wharf Realty Trust 84 Wharf Street Salem, Massachusetts MADEP File No. 64-296 Dear Ms. Duques: The owners of the above-referenced property hereby request that a Certificate of Compliance be issued by your office. The project has been completed in compliance with plans for the proposed project, dated 5-26-99, on file with the Salem Conservation Commission. Enclosed herewith in support of this request are eight (8) copies or originals of the following documents: 1. Order of Conditions issued by the Salem Conservation Commission on 8-27-99, and recorded at the Essex County (South) Registry of Deeds in Book 15981, Pages 107-114. 2. Completed Massachusetts Department of Environmental Protection, Bureau of Resource Protection—Wetlands, WPA Form 8A—Request for Certificate of Compliance. 3. "Site Plan for Pickering Wharf Hotel & Retail Buildings at#223-231 Derby Street & #23 Congress Street, Salem, Massachusetts", May 26, 1999, Patrowicz Land Development Engineering. One full size and 7 half size sets. 4. "As-Built Survey Plan of Land for Pickering Wharf, Congress and Derby Streets, Salem, Massachusetts", April 27, 2006, Patrowicz Land Development Engineering and North Shore Survey Corp. One full size and 7 half size sets. The current landowners for property covered under the original Order of Conditions are: Pickering Wharf Condominium Trust Derby & Congress Street Realty Trust Congress Street Realty Trust The Salem Waterfront Hotel & Suites Condominium The mailing address for these entities is c/o T. Michael Rockett, 190 Pleasant Street, Marblehead, MA 01945. The undersigned Massachusetts Registered Professional Engineer has reviewed the initial and as-built plans for the project and hereby certifies that the project was constructed in compliance with the Order of Conditions, and that no changes were made to the project that altered the area subject to protection under the Wetlands Protection Act, or any changes in activities subject to regulation under M.G.L. c. 131, Section 40, aside from those approved under the Order of Conditions. Please call me if you have any questions. Once issued, the Certificate of Compliance will be recorded in the Essex (South) Country Registry of Deeds and a certified copy returned to you. Very truly yours, S110F p d - Alliance Environmental Group, Inc. CJ CIVIL No.34442 o t-Z� hMe F. Geisser, PE, LSP Principal Enc. � o Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance 64-296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This request is being made by: forms on the Pickering Wharf Realty Trust computer, use Name only the tab key to move 190 Pleasant Street your cursor- Mailing Address do not use the Marblehead MA 01945 return key. Cityrrown Slate Zip Code 31-3070 y)f� Phone Number V� Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Pickering Wharf Realty Trust Applicant 08-27-1999 64-296 Dated DEP File Number Upon completion of the work 3. The project site is located at: authorized in 23 Congress Street and 223-231 Derby Street Salem an Order of Street Address Conditions,the City/rown 'II property owner 34 445, 446 and 447 must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of Compliance 4. The final Order of Conditions was recorded at the Registry of Deeds for: from the issuing Pickering Wharf Realty Trust authority stating Property Owner(if different) that the work or portion of the Essex South 15981 107 work has been County Book Page satisfactorily n/a completed. Certificate(if registered land) 5. This request is for certification that(check one): ® the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. vvpafc.8a.doc•rev.7113104 Pagel of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8A — Request for Certificate of Compliance 64-296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ® Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ❑ No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions(OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see Attachment). "aformBa.doc-rev.7/13104 Page 2 of 2 0 M 9. CITY OF SALEM CONSERVATION COMMISSION Qc� ST\TF VTSTT FnRM PROJECT LOCATION: t(�)t I W r " DATE OF SITE VISIT 10? Ob PROJECT PROPONENT: 1 `�� ew\` DEP FILE NUMBER: PROPOSED WORK: ?b '•ttVI. YU— �N Commission Members/Agent: Abutters: Applicant/Property Owner/Representative: �SITEVISIT•PURPO$E. .. � ,. . ❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation ❑Notice of Intent 7ertificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal ARA OF]UR'IS4LG729tl. INLAND RESOURCE AREAS lI COASTAL RESOURCE AREAS ❑Bank �+ ❑ Land Subject to Coastal ❑Land Under the Ocean �i Storm Flowage ❑Bordering Vegetated Wetland �j ❑ Designated Port Area ❑Coastal Beach ❑Land Subject to Flooding i !� ❑ Coastal Dune ❑Barrier Beach ❑Land Under Water Bodies or Waterway ++ Name: 1� Coastal Bank ❑Rocky Intertidal Shore i ❑Riverfront Area i! ❑ Salt Marsh ❑ Land Under Salt Pond i i ❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata- Shellfish dromous Fish Run ❑Bordering Vegetated Wetland in Coastal Area i� 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM J ,BUFFER=ZONE�Fwifhi�t..100=feet "" .ElWater Body Elof Bordering Vegetated Wetland MBank ❑ Coastal Beach ❑Coastal Dune !INT.ERESTS.P_R07EC, De Protection of Water Supply Protection of Groundwater Supply Flood Control Storm Damage Prevention Prevention of Pollution ❑Protection of Fisheries Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish Is this an exempt project:If so,why? Are resource area boundaries delineated correctly? If not,explain. STGE VISIT DOCUMENTATION' . . Photos ❑ Site Map ❑Other: OBSERVATIONS:' Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. �a &0 o.mflnn � 1 Proonel 6,zIim I W -I clo Hal �11.aI 11n,rp . �h�Q ��nn (�^ruti�AQR. IrrFb. MAi�..`�FiYlp/IttR.. Dt.et.*-� �'�C CA�� Wet is Uo i i.oip Vr'1iV Wd(4UU4U4 p.2 10/06/99 2)12 inst. W3 8K 1591811 PG 101, 11 310 CM }�a+10.99 (`. ' PLAN BEP Fite No, r- - Porn 5 • t -��()`- J`l�''`a'�'! (�V�i�( �^ ((tto6 b e pe rviced by OEP) tJtci —'^ 1 City/Tan Salem applicant 10k ring Wharf R.T. Cora oawea2 th I P SS e�L SOv tk of Hassachuserts '" ' goOIG 13 ?S) P4 S¢ 5.= Order of Conditions Massachuetts Wetlands Protection Act G.L. c. 131, 540 From Salem Conservation C,yltamingion Issuing Authority To Pickering Wharf Realty Trust (Name of Applicant) (Name of property cwrer) Address 84 Wharf St, Salem, F(A Address This Order is issued and delivered as tol'_ows: 1 ❑ by hand delivery to applicant or representative on (date) y by certified mail, return rece_pt requested on 7�'9'' S141 (date! This project: is located at F(L tn,n�f c-_ OThe property is recorded at the Registry of Essex Book 3598 page 332 Certificate (if registered) The Notice of Intent for this project was filed cn 6/17/99 (date) �a r The public hearinc was closed on 7122/99 (date) Findings `�^��:•� [he commission has reviewed the above ref erenced Notice of (peen[ and plans and has .` held a p bL by hearing on the project. Based on the information available to the CCtmllis8lo'O at this time, the Commission has determined that the area an which the proposed work is to be cone is significant to the following interests in accordance with the Preswaptions of Significance set forh in the regulations for each Area Subject to Protection Under the act (check as appropriate): Public Water supply Flood Central land containing shellfish Private water supply Stara cartage prevention Fisheries Ground water supply Prevention of pollution Protection of I.ildlife Haoitat Total citing Fee submitted 475 State Share 225 (1/2 fee in excess of SZ5) City/Tour Share 250 Total Refu-d Owe S 0 City/Town Portion S State Portions (1/2 total) (112 total) rear RGML aiei�7� Sow �ffecccve 11/1G/89 5-1 V�JG Lj N"J IAI(J Vr'�.V `J!tl/4VV4'J4 P.s .. ?heref ore, the CoM aainn hereby finds that the following condiciop are necessary, in accordance with the Pe r"ormance Standards set forth in chi regulations, to protect those interests checked above. ' The Cntmnt ac;nn orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. �j General Conditions QK f 159$1 G 108 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify chin Order. 2 . The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in_ this Order. S. This Order may be extended by the issuing authority for one or more C periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the order. S. Any Till used in connection with this project shall b� clean fill, containing no trash, refuse, rubbish or debris, including but net limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, -tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this order have elapsed or, if such an appeal has been filed, until all- proceedings before the Department have been completed. a . No work shall be undertaken until the Final order has been recorded in the Registry of Deeds or the Land Court for the district in which the lard is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry' s Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final order shall also be noted on the land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording informacin shall be submitted to the Commission on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than cwo square feet or more than three square feet in size bearing the words, -massachuset 4Sgg Department of Environmental protection, .. ....File Number..p4- - + St . k'heze •c'2ie b'e6art6ent of Environmental Protection is requested to mare i determination a;yd to issue a Superseding Order. the Conservation . ,. �f•7+ -0mmyasion-shag '-le a party to all agency proceedings and hearings before -2 uec -iZ uD 1 :otp ur-cu 8/8F4 M4 p.4 E : 1 W'ak�i Fu 1U14 11, upon completion of the work described herein, the applicant Shall forthwith request in writing that a Certificate of Compliance to issued stating thar the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: Plans: Title Dated Signed and stamped by: Cn File with: Site Plan 5126/99 Scott Patrowicz S.C.G Pickering Wharf Special Conditions (Use additional paper if necessary) See Attached Conditions i (Leave Space Blank) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-?A. Dec 13 05 11:54p DPCD 9787400404 P.5 BK 15981 PG `t 10 . Issued By_ Conservation (' Si ure s) This Order must :oe signed by a majority of the Conservation Commission. on this 22nd day. of July 19 99 before me personally appeared tbAt. a m-d , to me known to be the person described in and who executed the foregoing instrument: and acknowledgec that he/she exetute h same as his/her free act 1 .deep§� t fEPMEN NatW btulbmmrsdol E4 �1Z.2W o ary Puhlic My commission expires The applicant, the owner, any person agrrieved by this Order, any owner of land abutting the land upon Witt the proposed work is to be done, or any ten residents of the city Or town in which such tared is leeated, an hereby notified of their right to request the Oepartment of Emircr, tal protection to issue a superseding Order, providing the request is made by certified mail or hand delivery to the Department, with the i appropriate filing fee and Fee Transmittal Form as provided in 310 Mt 10.030), within ten days from '. date of issuance of this determination. A copy of the request shall at the sane time be sent by certified mail or hand delivery to the Conservat'an Commission and the applicant. Detach on dotted line cad submit to the Commission prior to cone m cm,ant of work. ............................................................................................................. To 1^,cuSng suchorivn Please be ad•iised that the Order of conditions for the project at File Muter has been recorded at the Registry of and has been rated in the chain of title of the nffected property in accordam_e with General Condition 8 on ,19 If recorded land, the irstrunent nvroer which identifies this transaction is If registered land, the document nurter which identifies this transaction is signature Appiican l L Dec 13 05 11:%p DPCD 9787400404 p.6 9K 15981 PG 111 Salem Conservation Commission SPECIAL CONDITIONS for 23 Congress St and 223-231 Derby Street 1, The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745- 9595 ext. 311). Members and agents of the.Salem Conservation Commission(Commission)shall have the right to enter and inspect the premises to evaluate and ensure compliapce with the conditions and performance standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00,and may require any information,measurements,photographs,observation and/or materials or may require the submittal of any data or information deemed necessary by the Comtaission,agent, or DEP determines that any of the work is not in compliance with this Order of Conditions, Wofk shall not resume until the Commission is satisfied that the work will comply,and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131, Section 40,and Wetlands Regulations 310 CMR 10.00, 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of intent and accompanying plats. 'Mesa obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing,a sign shall be displayed showing DEP file 4 64-�_,and not placed on a living tree. 6. The term"ApplicaaV as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent,supporting documents and this Orde.of Conditions. Tine Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. It is the responsibility of the applicant to procure all other applicable federal, state and local perctits and approvals associated with this project These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L.92-500,86 s-at 916),U.S.Army Corp of Eagineers. (2) water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified (3) Flood Plain (4) Grading Ordinance 8. if there are conflicting conditions within this Order,the stricter condition(s)shall rule. 9. All work shall be performed so as to ensure that there will be no"imentation into wetlands and surface waters during construction or after completion of the project 10, The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. All work shall be performed in accordance with this Order of Conditions and approved site ptans(s). No alteration of wetland resource areas or associated buffer zone,other than that approved in this Order,shall occur on this property without prior approval from the Commission. vec ip vo i i:Dip Qr�U `Jrar4l1u404 P. BK 1a981 PG 1121 12. If any changes are made in the abovedescribed plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L.Ch. 131, Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, (. whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall at the saute time be sent to the Department of Environmental Protection_ 13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to:he Commission a signed statement by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 14. Conditions as noted shall continue in force beyond the Certificate of Compliance,in perpetuity,and shall be referred to in all future deeds to this property. PRIOR TO CONMUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision,the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit:o the Commission in writing a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessery and shall be maintained until all construction is complete. Worker's shall be informed that no use of machinery, storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this lips at anytime. 14. Prior to commencement of construction on site,the limits of wetland resource areas closest to construc:ion activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(s)shall be clearly flagged. 20. There shall be hay a bates and wooden stakes stored under co ver on the site to be used only for emergency erasion control. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and shall be maintained during construction in the wedand areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project: additional measures may be required by the Commission. 22. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 23. Erosion, and sedimentation control devices shall be inspected after each storm event and repaired cr replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The areas of construction shall remain in a stable condition at the close of each construction day. ueC 14 ut? 12:Wa uNc;u 97874OW4 p g BK 15981 PG 113 J. Any de-watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 26. within thirty days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. if the season is not appropriate for plant growth, exposed surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in Condition 4 11,shall be on the site upon commencement and during any site work for contractors to view and adhere to. 29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 30. Oiily clean fill,free of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site. 31. Ali waste products,grubbed stumps,slash,construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 20C feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33, Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shalt be removed by hand. 34. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 3 5. There shall be no pumnping of water from wetland resource areas. 36. During construction, all drainage structures shall be inspected regularly and cleaned as necessary. 37. Irmnediateiy following drainage structure installation,alt inlets shall be protected by silt fence,hayblae barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 38. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 39. Ilse applicant is hereby rotified that failure to comply with all requirements herein may result irr the issuance of enforcement actions by the Conservation Commission including,but not limited to, civil administrative penalties under M.G.L.Chapter 21 A,section 16. POST CONSTRUCTION 40. All disturbed areas,slopes and proposed landscape areas shall be loaned and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded,loamed, and seeded prior to November I of each year, if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. Dac 14 G5 12:02a D?CD - 9787400404 p,9 yak:. 1:Y-J61 ed 114 41. Upon completion of construction,the applicant or current landowner shall submit the following to the commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner, In. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Lard Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As•built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource arc&. 42. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 43. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs;at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may 7the applicant request in writing a Certificate of Compliance as described above. 44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and'or its Administrator has authorized their removal. 45. The following cone ition(s)shall extend beyond the Certificate of Compliance, in perpetuity,and shal be recorded as such on the Certificate of Compliance and in all future deeds to this property: PERPETUAL CONDITIONS 46, There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource are. 47. Herbicides shall not be applied within 100 feet of the wetland. 4E- No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland, 49. Paved areas shall be swept and catehbasins cleaned out a minimum of twice each year. ADDITIONAL CONDITIONS 50. Approval contingent upon applicant securing City Engineer approval,in writing with copy forwarded to Conservation Commission,ofthe 1.)Drainage Calculations,2.) Stormwater Maintenance Plan, and 1) Stormwatcr system design. All catch basins shall have 4' minimum deep sumps.Haybales and filter fabric shall be installed at each carchbasin during construction. 51.. This Order of Conditions does not include approval of Phase 11 as noted on the plans. Phase If shall require a separate Notice of Intent filing. This Order of Conditiens approves under current regulations the stormwater system for a combined phase I&1I contingent upon City Engineer approval as stipulated in special condition number 49. �' inner and outer riparian zones shad be adjusted to follow the bank of the South River from the ._. It verfron[tnn p Congress Street Bridge to the Southeasterly comer of property unless otherwise conditioned by the DEP in writing with copy to the Conservation Commission, Phase I of this pro ect is approved under either P6verfrant Area 310 Chin 10. 99 DEP File No. - 64- 7q (To be provided by DEP) Form 5 City/Tour Salem Applicant Pickering Wharf R.T. Commonwealth ' of Massachusetts Order of Conditions Massachuetts Wetlands Protection Act G.L. c . 131, §40 From Salem Conservation Commission Issuing Authority To Pickering Wharf Realty Trust (Name of Applicant) (Name of property owner) Address 84 Wharf St, Salem, MA Address This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on (date) .K by certified mail, return receioc requested on SIZ7I91 (date). This project is located at 84 wharf Sr. The property is recorded at the Registry of Essex Book 3598 Page 532 Certificate (if registered) The Notice of Intent for this project was filed on 6/17/99 (date) The public hearing was closed on 7/22/99 (date) Findings The. Commission has reviewed the above-,referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Commission at this time, the Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (check as appropriate): Public water supply Flood Control Land containing shellfish Private water supply Storm damage prevention Fisheries Ground water supply Prevention of pollution Qq Protection of Wildlife Habitat Total filing Fee Submitted 475 State Share 225 (1/2 fee in excess of S25) City/Town Share 250 Total Refund Due S 0 City/Town Portion S State Portions (1/2 total) (1/2 total) rffcrri..c tt /tn /pa c_t Therefore, the Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the t regulations, c protect those interests checked above. The Commission orders that all work shall be performed in accordance with said conditions and with the Notice of In referenced above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control . General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2 . The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. . 3 . This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 4 . The work authorized hereunder shall be completed within three years from the date of this order unless either of. the following apply: (a) the work is a maintenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance p and both that date and the special circumstances warranting the extended time period are set forth in this order. S. This order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any sill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7 . No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. S. rNo,-work shal•1-be,-undertaken-.until_the•Final':.- rder-has-been recorded -•- m-the 'Registry[o. Deeds or.-'the ,Land Court for the'district"in wnich the_lan =: d:is-.located, within-the'chain"of-title.=of'the-'affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final order shall also be noted on the Land court certificate of Title of the owner of the land upon which the proposed work is to be done. T-hewrecordingainformatin.shall_:be_ submitted-topthe -Commission -_on.the :form-at "the-end-of-this `Ordei' prior--to commencement"of.-the"work.. - 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, "Massachuset $$ Department of Environmental Protection, File Number i4- V%Q 11 10. where the Department of Environmental Protection is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department . 2 11 . Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12 . The work shall conform to the following plans and special conditions: Plans: Title Dated Signed and Stamped by: On File with: Site Plan 5/26/99 Scott Patrowicz S.C.0 Pickering Wharf Special Conditions (Use additional paper if necessary) See Attached Conditions (Leave Space Blank) _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-3A Issued By Conservation •,\ Sig ure s)_ This Order must be signed by a majority of the Conservation Commission. On this 22nd day. of July 19 99 before me personally appeared t-hp 01, r' d1 , to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she execute h same as his/her free act and STEP D19BLE Notary Pubfc My Commission Expires Nov A 2004 o ary Public I My commission expires The applicant, the owner, any person agrrieved by this Order, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby nctified of their right to request the Department of Environmental Protection to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the date of issuance of this determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the Commission prior to commencement of work. .................................................................................................I.......... To Issuing Authority Please be advised that the Order of Conditions for the project at File Nurtber has been recorded at the Registry of and has been noted in the chain of title of the affected property in accordance with General Condition 8 on ,19 If recorded land, the instrument nurber which identifies this transaction is If registered land, the document number which identifies this transaction is Signature App(icant- Salem Conservation Commission SPECIAL CONDITIONS for 23 Congress St and 223-231 Derby Street I. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745- 9595 ext. 311). Members and agents of the Salem Conservation Commission(Commission)shall have the right to enter and inspect the premises to evaluate and ensure compliapce with the conditions and performance standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00,and may require any information,measurements,photographs, observation and/or materials or may require the submittal of any data or information deemed necessary by,the Commission,agent,or DEP determines that any of the work is not in compliance with this Order of Conditions, Wotk shall not resume until the Commission is satisfied that the work will comply, and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131, Section 40,and Wetlands Regulations 310 CMR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the-end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed .with the Department of Environmental Protection..This form shall be returned to the Commission_within 21_,, days of r_ecorcng accordance and prior to commencement of any activities subject to the Order of Conditions:i 5. Prior to any work commencing,a sign shall be displayed showing DEP file#64- 29(o,and not placed on a living tree. 6. The term"Applicant'as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. It is the responsibility of the applicant to procure all other applicable federal,state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: . (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816), U.S. Army Corp of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified (3) Flood Plain (4) Grading Ordinance 8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone,other than that approved in this Order, shall occur on this property without prior approval from the Commission. 12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L.Ch. 131, Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 14. Conditions as noted shall continue in force beyond the Certificate of Compliance, in perpetuity, and shall be referred to in all future deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision,the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the Commission in writing a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at anytime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(s)shall be clearly flagged. 20. There shall be hay bales and wooden stakes stored under cover on the site to be used only for emergency erosion control. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project; additional measures may be required by the Commission. 22. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. C24The areas of construction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty days of completion of construction on any given portion of the project, all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in Condition# 11, shall be on the site upon commencement and during any site work for contractors to view and.-, adhere to. - - 29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 30. Only clean fill, free of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site. (311All waste products,grubbed stumps,slash,construction materials, etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel, oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. Immediately following drainage structure installation,all inlets shall be protected by silt fence,hayblae barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 38. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including, but not limited to, civil administrative penalties under M.G.L. Chapter 21A,section 16. POST CONSTRUCTION 40. All disturbed areas, slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed,and seeded prior to November 1 of each year, if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. 41. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 42. When issued,the Certificate of Compliance-must be recorded at the Essex County Registry of Deeds. 43. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs;at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. 45. The following condition(s)shall extend beyond the Certificate of Compliance, in perpetuity,and shall be recorded as such on the Certificate of Compliance and in all future deeds to this property: PERPETUAL CONDITIONS 46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource are. 47. Herbicides shall not be applied within 100 feet of the wetland. 48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland. 49. Paved areas shall be swept and catchbasins cleaned out a minimum of twice each year. ADDITIONAL CONDITIONS 50. Approval contingent upon applicant securing City Engineer approval,in writing with copy forwarded to Conservation Commission, of the 1.)Drainage Calculations,2.) Stormwater Maintenance Plan, and 3.) Stormwater system design. All catch basins shall have 4' minimum deep sumps. Haybales and filter fabric shall be installed at each catchbasin during construction. C51 F This Order of Conditions does not include approval of-Phase-II as noted on the plans.-Phase 11 shall require a separate Notice of Intent filing.-This-Order of Conditions approves-under current regulations the stormwater t system for a combined phase I&_II_contingent upon_City Engineer approval as stipulated in special condition Cnumber 49. - 52. Riverfront inner and outer riparian zones shall be adjusted to follow the bank of the South River from the Congress Street Bridge to the Southeasterly comer of property unless otherwise conditioned by the DEP in writing with copy to the Conservation Commission. Phase I of this project is approved under either Riverfront Area. CRAIG AND MACAULEY I PROFESSIONAL CORPORATION www.craigmacauley.com COUNSELLORS AT LAW --- CJ{ �C��/�D FEDERAL RESERVE PLAZA i t L I_ 600 ATLANTIC AVENUE BOSTON.MASSACHUSETTS 02210 {3 TEL 617 367-9500 All FAX(677)742-1788 SALT.-_ PLt,N^J'Al ''Sr2001 BY HAND - ROUND TRIP Docket Clerk Office of Administrative Appeals Department of Environmental Protection 1 Winter Street, 3rd Floor Boston, Massachusetts 02108 Re: Docket No. 2001-003 Appeal and Notice of Claim for Adjudicatory Hearing pursuant to M.G.L. c. 30A Chapter 91 License Application No. W00-9751-N Written Determination Dated December 15, 2000 Hotel Project, 84 Wharf Street,Salem Dear Sir/Madam: Enclosed for filing in the above-referenced matter is the following document: 1. Statement of Unresolved issues and Witness List Submitted by Jeannette P. Wilson, et al. pursuant to Prehearing Conference Order dated March 22, 2001. Please date-stamp the enclosed copy and return to my waiting messenger. Thank you. Sincerely,, William R. Moorman,Jr. Enclosure cc: Petitioners Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection In the Matter of ) Docket No. 2001-003 Pickering Wharf Realty Trust ) File No. W00-9751-N Salem STATEMENT OF UNRESOLVED ISSUES AND WITNESS LIST Submitted by Jeannette P. Wilson,et al. pursuant to Prehearing Conference Order dated March 22, 2001 ------------------------------------ Statement of Unresolved Issues 1. Whether an Environmental Impact Report("EIR") is mandatory because the New non-water dependent use or Expansion of an existing non-water dependent structure occupies one or more acres of waterways or tidelands. 2. If an EIR is mandatory, then, in view of the fact that an EIR has not been filed: a. Validity of Hearing held on May 16, 2000 ("Hearing"); b. Validity of Written Determination dated December 15, 2000 ("Written Determination"); and C. Validity of the assignment by the Department of Environmental Protection ("DEP") of a file number to this project ("File Number Assignment"). 3. Whether a violation of M.G.L. c. 91 and 310 CMR 9.11 has occurred because an EIR has not been required or filed. 4. Whether a violation of the Massachusetts Environmental Policy Act has occurred because an EIR has not been required or filed. 5. Validity of Hearing, Written Determination, File Number Assignment and the determination by the DEP that the application is complete, in view of the facts that: 2 'a. The Application for a Chapter 91 License does not contain a PP certification by the City Clerk of the City of Salem that the work to be performed or changed in use is not in violation of local zoning ordinances and by-laws ("Municipal Zoning Certificate'); b. A Municipal Zoning Certificate had not been filed prior to the Hearing; C. The Secretary has not issued a Certificate on the Final EIR, as no EIR has been filed. 6. The extent of damage to the environment resulting from the project. 7. Whether the project serves a public purpose which provides greater public benefit than detriment to the public's rights in the affected tidelands. 8. All other issues raised in claim of appeal. Witness List 1. Thomas Maquire, DEP. Expected to testify as to areas of project to be occupied by New non-water dependent use or Expansion of existing non-water dependent structure. 2. Employee of DEP, as yet unidentified. Expected to testify as to DEP notes regarding the areas of the project to be occupied by New non-water dependent use or Expansion of an existing non- water dependent structure. 3. Robert Ingrahm, Daylor Consulting Group, Inc. Expected to testify as to size of project, components of project; use currently being made of, and physical characteristics of, project areas; and conversations with DEP personnel 4. Robert L. Wilson Expected to testify as to concerns regarding damage to the environment and other matters raised in the Petitioners' claim of appeal. 5. Louise Skerry Expected to testify as to concerns regarding damage to the environment and other matters raised in the Petitioners' claim of appeal. 3 6. Juli Lederhaus Expected to testify as to concerns regarding damage to the environment and other matters raised in the Petitioners' claim of appeal. 7. J. Hilary Rockett Expected to testify as to activities constituting the project. Jeannette P. Wilson,et al, Petitioners By their attorneys, CRAIG AND MACAULEY PROFESSIONAL CORPORATION Dated: April, 2001 �, l✓—'- 1 William R. Mon,Jr.(BBO#548593) Donald W. Suchma (BBO#484100) Craig and Macauley Professional Corporation Federal Reserve Plaza 600 Atlantic Avenue Boston, MA 02210 (617) 367-9500 CERTIFICATE OF SERVICE 1, William R. Moorman,Jr.,hereby certify that on April 2-G, 2001, I caused to be served a copy of the foregoing documents upon the parties on the attached list, by hand, unless otherwise indicated. William R. MoormIrn, Jr. 4 Service List Michael J. Stroman, Acting Director Division of Wetlands and Waterways Department of Environmental Protection 1 Winter Street Boston, Massachusetts 02108 Thomas Maguire, Regional Planner Division of Wetlands and Waterways Department of Environmental Protection 1 Winter Street Boston, Massachusetts 02108 Paul Feldman, Esq. Ann M. Sobolewski, Esq. Davis, Malm&D'Agostine,P.C. One Boston Place, 37t� Floor Boston, Massachusetts 02108 Samuel J. Bennett, Esq. DEP-Office of General Counsel One Winter Street- 3rd Floor Boston, MA 02108 Patrick Reffett By Telecopier and Salem Planning Department First Class Mail 1 Salem Green, 2nd Floor Salem, Massachusetts 01970 Salem Conservation Commission By Telecopier and 1 Salem Green;2nd Floor First Class Mail Salem, Massachusetts 01970 Salem Harbor Planning Committee By Telecopier and 1 Salem Green, 2nd Floor First Class Mail Salem, Massachusetts 01970 I MAHONEY HAWKES L�Lv'-C'', ='--' ATTORNEYS AND COUNSELLORS AT LAW Loyd M.Starrett r, Mark Peters �_P,S ' Lr M Frances Allan Gershwin PLANNING D)anuary 9, 2001 Bruce Winthrop Edmonds James B.Cox BY HAND DELIVERY Laurence M.Johnson Daniel J.Goldberg Michael J. Stroman, Acting Director Douglas L.Jones Division of Wetlands and Waterways Brian W.LeClair Department of Environmental Protection Docket Clerk Richard S.Jacobs 1 Winter Street Office of Administrative Appeals Matthew P.Zayotti Boston, Massachusetts 02108 Department of Environmental Brenda A.Buan Protection Alison J.Little Thomas Maguire, Regional Planner 1 Winter Street, 3rd Floor Of Division of Wetlands and Waterways Boston, MA 02108 Diannee Rubin l Dubin Department of Environmental Protection 1 Winter Street Boston, Massachusetts .02108 Direct Dial(617)210-1499 fgershwin@mhglaw.com Re: Appeal and Notice of Claim for Adjudicatory Hearing pursuant to M.G. L. c. 30A Chapter 91 License Application No. W00-9751-N Written Determination Dated December 15, 2000 Hotel Project, 84 Wharf Street, Salem Dear Messrs. Stroman and Maguire: The undersigned serves as counsel to the following people in connection with the above-referenced matter, specifically Jeannette P. Wilson Peter E. Grenier Robert L- Wils n Ke-^, Grenier Louise Skerry Walter Lederhaus Michael Skerry Jennifer Steeves Edward Gilmartin Anne Golden Dorothy L. Harrington Carol Manley Juli Lederhaus Michael Stern Mark J. Golden . Christine Cimino Abby Lincoln Matthew Poulin The above-referenced individuals(the "Interested Parties") are residents of the Commonwealth of Massachusetts as indicated on Appendix 1 attached hereto. They have previously participated in the Department's consideration of this The Heritage on the Garden . 75 Park Plaza. Boston, Massachusetts 02116 Telephone: 617.457.3100 . Facsimile: 617.457.3125 . www.nlhglaw.com . . MAHONEY HAWKES LLP Messrs. Stroman and Maguire January 9, 2001 Page 2 application by submission of written comments in connection therewith. A copy of the written comments of these parties dated May 30, 2001 is attached hereto and marked Appendix 2. As a result of their participation, the Interested Parties are entitled to file this Appeal and Notice of Claim, requesting an adjudicatory hearing under the regulations governing applications for waterways licenses, 310 CMR 9.17, and M. G. L c. 30A, sec. 10A, and on their behalf, I hereby submit such appeal and request for an.adjudicatory hearing. The basis for the appeal is as follows: there are problems with the terms of the determination made by the Department,the conditions set forth in the proposed license, and the failure to ensure that the Project plans, as required to be submitted by the applicant, can achieve the statutory and regulatory requirements for a license. Furthermore, this license should not be issued until the provisions of the Salem Planning Board special permit has become definite. Currently,the determination of the Planning Board responsible for issuing a special permit is under appeal with an uncertain outcome. Additional requirements may arise or design changes may occur upon resolution of that appeal. These potential changes cannot be addressed at the present time. Therefore, the uncertainty with respect to the special permit conditions should cause the Waterways Department to withhold approval and issuance of a license until a resolution has been reached and special permit conditions can be evaluated to determine their effect on the Chapter 91 license. It is most unusual in a circumstance such as this for the Department to issue a license which doe's no more than to require compliance with a permit, the terms of which are not yet known. I In addition,the project site does not comply with the Waterways regulations. Those regulations are clear that a project site includes all areas owned, controlled or proposed for development by the applicant. Notwithstanding this definition,the marina area, a parcel within the water-dependent use zone and adjacent to the property identified by the applicant as part of the project site, should be included. This has consistently been a problem in the past when the project area has been defined differently by the applicant, depending upon which board, whether local or state wide, was considering the matter. All aspects of the project site should be tied in to this license, and,to the extent that no work is now sought on the marina parcel,it should be clearly stated that a new license application with respect to that area will need to be filed prior to,change of use of that property. The bank, hotel, restaurant, pub and retail spaces have all been described in the determination letter as facilities of public accommodation. Notwithstanding this fact, all of these facilities are revenue-generating spaces. However, the license does not require the applicants to provide public use of any of these spaces at no cost. The plans include a restaurant with an outdoor seating area, but there is no requirement that any portion of that open seating be L MAHONEY HAWKES LLP Messrs. Stroman and Maguire January 9, 2001 Page 3 available for use by the public without purchase of food or drink. Similarly,the-bathrooms in the hotel lobby should be available to the public, other than those members of the public who maybe staying at the hotel or eating in the restaurants, and appropriate outdoor signage should be required. Finally, in this regard,parking on the project site should be available for those who seek access to the waterfront. I As a separate matter, the plans should be required to show the limits of the water- dependent use zone, and a statement to that effect should be incorporated into the license itself. Then future requests by the applicant to commit conversion or replacement of the existing marina building—a water-dependent use—with a conference center—a non-water-dependent use—can be adequately monitored b the Department. 4 Y Y P For all of the reasons set forth above,the Interested Parties represented by the undersigned seek an adjudicatory hearing. Very truly yours, Frances Allou Gershwin 4� FAG/67752/alf Enclosure cc:. Pickering Wharf Realty Trust, c/o Paul Feldman, Esquire (By Hand) Salem Planning Department, Patrick Reffett(Certified Mail) Salem Conservation Commission(Certified Mail) Salem Harbor Planning Committee (Certified Mail) APPENDIX 1 Jeannette Wilson Peter Grenier Robert Wilson 9 Woodbury Court 65A Wharf Street Salem, MA 01970 Salem, MA 01970 Kerry Grenier Louise Skerry 9 Woodbury Court Michael Skerry Salem, MA 01970 224 Derby Street Salem, MA 01970 Walter Lederhaus 12 Lynn Street Edward Gilmartin Salem, MA 01970 18 Ocean Avenue Salem, MA 01970 Jennifer Steeves 47 Bay State Road Dorothy L. Harrington Peabody, MA 01960 7 Bay View Avenue Beverly, MA 01915 Anne Golden 2 Daniels Street Juli Lederhaus Salem, MA 01970 12 Lynn Street Salem, MA 01970 Carol Manley 32 Crescent Drive Marc. J. Golden Salem, MA 01970 2 Daniels Street Salem, MA 01970 Christine Cimino 29 Hazel Street Abby Lincoln Salem, MA 01970 4 Pine Ridge Road Essex, MA 01929 Mathew Poulin 27 Mill Street Hamilton, MA 01982 '67754 APPENDIX 2 May 30, 2000 Mr. Gregory A. Carrafiello Program Chief DEP/Waterways Regulation program Division of Wetlands and Waterways One Winter Street 6th Floor Boston, Massachusetts 02108 Re: Chapter 91 License Application No. W00-9751-N Applicant: Pickering Wharf Realty Trust Proiect: Pickering Wharf Hotel Salem Dear Mr. Carrafiello, The undersigned offer this letter of comments in connection with the above- referenced application of Pickering Wharf Realty Trust for a chapter 91 license to authorize a non-water dependent use project: the construction at Pickering Wharf of a hotel and retail building and a new bank building, and associated parking and other facilities. In addition,the undersigned are hereby specifically petitioning to intervene to become parties in this matter. The proposed project is located along the Salem tourist trail in close proximity to the Derby Street Historic District. The undersigned have numerous concerns about the proposed project, including the change in the description of the project from that submitted by the applicant to various local boards in Salem,the lack of detail of the design characteristics of the proposed project and the public amenities and benefits to be provided, and the lack of information regarding how the project will be implemented,and what impact the project will have on the surrounding area. The applicant should be required to submit the necessary additional information, and a further public hearing should be held in order to review that information before any chapter 91 license is issued in connection with the proposed project. As a result of the construction of the proposed hotel,the site will contain a five- story structure and extensive parking g (89 additional spaces) rather than the low-rise and smaller footprint buildings, which are common to the area in general and which were on the site previously. This higher building with substantially larger mass will have a significant negative impact on the site itself and on the nearby area by affecting wind, creating shadows, and blocking the views from nearby buildings. These issues have not been sufficiently investigated or documented thus far. Furthermore, the applicant improperly attempts to limit the scope of review and to limit the area under review in several ways. First, it states that no work done is to be 71 done on certain portions of the site, as shown on the plans submitted by the applicant, and therefore those portions of the site are not within the department's jurisdiction. Second, it states that it is only"relocating" a current bank use to another portion of the site and therefore, that aspect of the project need not be fully reviewed. Both of these assertions are wrong. The Department should review all existing and proposed activity on the entire site in its totality, by reference to the boundaries of the legal parcels that comprise the site. In other words, all of the 1.43 acres should be reviewed as a part of this application since all of that area is filled tidelands within the Department's jurisdiction. In addition, the bank is not being relocated. Rather, the existing bank building located on one lot is being torn down and a new structure will be constructed in a different location on a different legal lot. The applicant has not presented any evidence that the existing bank building has the benefit of a current chapter 91 license. If it does not have the benefit of such a license, then this is a totally new use for which c. 91 licensing authority is being sought for the first time. Even if the lot on which the existing bank building is located does have the benefit of a chapter 91 license, that license only authorizes the use in a particular location on that lot, and not in any other location on that lot or on any other separate lot. The application itself and the materials submitted with it are insufficient to permit the Department to determine that it complies with the Waterways Regulations, 310 CMR 9.00 et seq. The project indicates that certain vaguely described public amenities are planned and makes numerous conclusions about the project's compliance with the various waterways regulation requirements, but provides no detail whatsoever regarding the amenities and no analysis to substantiate its assertion of compliance. The plans provide no detail regarding the public benefits to be provided on the site, insufficient structural design detail, and no detail as to proposed landscaping design or pedestrian access to the public walkway along the South River. Without such detail, the Department cannot adequately review the project or fairly determine that the public benefits of the project exceed the public detriments,or that the project satisfies the other requirements of the regulations, nor can interested members of the public be afforded the opportunity to provide their input regarding this non-water dependent use project. The applicant should be required to provide such detail and a further public hearing should be held before the Department issues any license in connection with the proposed project. The applicant should also be required to submit the results of any wind and shadow studies that it has done, and should be required to perform them and submit them to the Department if it has not already done so. These results should also be presented at a public hearing so that interested members of the public have an opportunity to participate. As a separate matter, each time the applicant has submitted this project for local approval, it has been described as a hotel and conference center, with the conference center to be located where the marina building now stands. However,the applicant has been silent about the conference center in its MEPA filing and this application. Therefore, the Department should consider consolidating this application with License No. 6790 issued in February 2000, and with any other application for the conference center, or any project on any other abutting parcel, which may be presented in the future. In this way, the Department will be able to review together all components of activity proposed on these integrally related parcels. As anticipated by 310 CMR 9.14 (4), this would insure that as each new phase is proposed by the applicant the Department can review the licensed activity in totality on all parcels to be sure that taken together, the overall public benefits will exceed the public benefits. At the very least, any license granted on the current application should explicitly state that it does not authorize any change to or replacement of the marina building, which is within the water-dependent use zone, and that an additional chapter 91 license application will be required for that project. At the time that the Department issues any chapter 91 license, it should condition the license in several ways: 1. It should be clear that the license controls the entire site. 2. Descriptive and design details of all public benefits required should be clearly set forth in the license. 3. No portion of the hotel, the bank or any related parking should be permitted to be located in the water-dependent use zone. 4. The applicant should be required provide a pedestrian connection through the site from Derby Street to the public access walkway along the South River. The physical characteristics of the walkway should be acceptable to both the Department and to the appropriate Salem boards, and a process should be established to insure agreement. Thank you for your consideration of these matters. Please provide us with copies of any and all determinations made by the Department in connection with this application. Name Address ✓ly,�.,,...uxt�� Lti cl�at�c. �o S i•q i.L�� .d'� FYI/7 G 4 7 0 01 cY_,;L o snot✓ � 7 -agL �- !v7o:?ri17 Rio Uw �I I "',►� H . + %b►Q ;G A rl� %� her- eels Ll � ' ?r J id OL jl p W w n/ V 1Sr'Nl1'7 fl '—*jY A* RECEIVED DAvis MALm o ?l'r FEB 17 Mi 9- 20 DAG®ST][N E PC, ATTORNEYS AT LAW SALEM PLANNING KEPT. Paul L.Feldman February 15, 2000 BY HAND Secretary of Environmental Affairs Attn: MEPA Office 100 Cambridge Street-20"Floor Boston, MA 02202 RE: ENF Pickering Wharf Hotel and Retail Building Property Located at Congress Street and Derby Street, Salem, MA Dear Sir or Madam: Enclosed please find one original signed Environmental Notification Form ("ENF"), one photocopy of the ENF,one photocopy of the first three pages of the ENF,one original U.S.G.S.map, a copy of the distribution list, a copy of the Form of Notice which is to be published in the Salem Evening News on February 19, 2000 and the site plans. Thank you for your assistance in this matter. Very truly yours, APaucif`�'I�� Enc. cc: J. Hilary Rockett Distribution List 1\td0nm\RackcnNpu,nytl direct 617.589-3831 direct fax 617-305.3131 E-mail pfcldmmn(Qdnidlaw,com ONE BOSTON PLACE•BOSTON•MA 02108 617-367-2500 • fax 617.523-6215 L I Commonwealth of Massachusetts For Office Use Only Executive Office of Environmental Affairs ■ MEPA Office Executive OfftceafEnvironmental Affairs ENF EOEA No Environmental MEPA Analyst Phone: 617-626- Notification FormThe info completed to begin MEPA Review in accordance with the provisions of the Massachusetts Environmental Policy Act, 301 CMR 11.00. Project Name: Pickering Wharf Hotel and Retail Building Street: 223-231 Derby Street corner of Con ress Street Municipality: Salem Watershed: North Coastal Universal Tranverse Mercator Coordinates: Latitude: 03-44-800 Longitude: 42-09-000 Estimated commencement date: 3/99 Estimated completion date: 3/00 Aivroximate cost: $6,000,000 Status of project desi n: 80%complete Proponent: Pickering Wharf Realty Trust Street: 190 Pleasant Street Munici alit : Marblehead State: MA Zip Code: 01945 Name of Contact Person From Whom Copies of this ENF May Be Obtained: J. Hilary Rockett, Jr. Firm/Agency: Pickering Wharf Realty Trust Street: 190 Pleasant Street Munici alit : Marblehead State: MA Zip Code: 01945 Phone: (781) 631-3070 Fax: (781) 639-2290 E-mail:jhrockett@rockettrealty.com Does this project meet or exceed a mandatory EIR threshold (see 301 CMR 11.03)? ❑Yes ■No Has this project been filed with MEPA before? ❑Yes (EOEA No. ) ENo Has any project on this site been filed with MEPA before? ❑Yes (EOEA No. ) ■No Is this an Expanded ENF (see 301 CMR 11.05(7)) requesting: a Single EIR? (see 301 CMR 11.06(8)) ❑Yes ENo a Special Review Procedure? (see 301 CMR 11.09) ❑Yes NNo a Waiver of mandatory EIR? (see 301 CMR 11.11) ❑Yes ■No a Phase I Waiver? (see 301 CMR 11.11) ❑Yes ENo Identify any financial assistance or land transfer from an agency of the Commonwealth, including the agency name and the amount of funding or land area (in acres): None Are you requesting coordinated review with any other federal, state, regional, or local agency? ❑Yes (Specify ) ■No List Local or Federal Permits and Approvals: Order of Condition. Site Plan Review Ch. 91 License Which ENF or EIR review threshold(s) does the project meet or exceed (see 301 CMR 11.03): ❑ Land ❑ Rare Species ■Wetlands, Waterways, & Tidelands ❑Water ❑Wastewater ❑ Transportation ❑ Energy El Air ❑ Solid & Hazardous Waste ❑ACEC ❑ Regulations ❑ Historical & Archaeological Resources Summary of Project Size Existing Change Total State Permits & & Environmental Impacts Approvals ❑Order of Conditions Total site acreage 1.43 acres ❑Superceding Order of Conditions New acres of land altered NONE ■Chapter 91 License Acres of impervious area 1.43 acres NONE 1.43 ❑401 Water Quality acres Certification Square feet of new bordering NONE ❑MHD or MDC Access vegetated wetlands alteration. Permit Square feet of new other NONE ❑Water Management wetland alteration Act Permit Acres of new non-water .99 acres ❑New Source Approval dependent use of tidelands or ❑ DEP or MWRA waterways Sewer Connection/ Extension Permit ❑Other Permits (including Legislative Approvals) — Specify: Gross square footage 28,245 43,820 75,620 Number of housing units n/a n/a n/a Maximum height (in feet) 35 125 160 TRANSPORTATION II vehicle trips per day 11178 908 2086 Parking spaces 188 1 189 WASTEWATER Gallons/day (GPD)of water use 5,345 11,530 16,875 GPD water withdrawal n/a n/a n/a GPD wastewater generation/ 4,275 10,725 15,000 treatment Length of water/sewer mains n/a n/a n/a (in miles) CONSERVATION LAND: Will the project involve the conversion of public parkland or other Article 97 public natural resources to any purpose not in accordance with Article 97? ❑Yes (Specify ) MNo Will it involve the release of any conservation restriction,preservation restriction,agricultural preservation restriction, or watershed preservation restriction? []Yes (Specify,) ■No RARE SPECIES: Does the project site include Estimated Habitat of Rare Species, Vernal Pools, Priority Sites of Rare Species, or Exemplary Natural Communities? ❑Yes (Specify ) MNo HISTORICAL/ARCHAEOLOGICAL RESOURCES: Does the project site include any structure, site or district listed in the State Register of Historic Place or the inventory of Historic and Archaeological Assets of the Commonwealth? ❑Yes (Specify ) MNo If yes, does the project involve any demolition or destruction of any listed or inventoried historic or archaeological resources? ❑Yes (Specify )MNo AREAS OF CRITICAL ENVIRONMENTAL CONCERN: Is the project in or adjacent to an Area of Critical Environmental Concern? []Yes (Specify ) ENo PROJECT DESCRIPTION: The project description should include (a) a description of the project site, (b) a description of both on-site and off-site alternatives and the impacts associated with each alternative, and(c)potential on-site and off-site mitigation measures for each alternative(You may attach one additional page, if necessary.) The project consists of the development of a 99-room hotel and retail space. The project is located at 223-231 Derby Street (the corner of Derby Street and Congress Street) Salem, Massachusetts. In addition, an existing bank will be relocated at the site. The project fully complies with local zoning and is consistent with the master plan for the City of Salem. The site is currently fully developed and completely occupied by commercial structures and parking. The existing structure consists of the bank building, two separate buildings and a portion of a third building that consist of commercial condominium units within the Pickering Wharf Condominium. In total, the footprints of the existing buildings occupy approximately 25,325 square feet of the site. In addition, there are currently 88 parking spaces. The project area for the new hotel use (a new non-water dependent use) is 43,472 square feet. As a result of the development, the footprints of the structures will be reduced to 18,460 square feet and the parking will increase by one space to a total of 89 spaces. The project will comply with the requirements of the Waterways Regulations, particularly 310 CMR 9.51 and 9.52. The project will not unreasonably diminish the capacity of the site to accommodate water dependent uses as the structures will be greater than 100 feet away from the shoreline, and, therefore, outside the water-dependent use zone. In addition,the developmentwill be consistent with an existing marina adjacent to the site. The proponent considered several different site designs. As proposed, the structures will be located within the site in such a manner so as to facilitate access to the waterfront both physically and visually. The existing structures front along Derby Street and Congress Street and currently block access to South River. As a result of the redevelopment of the site, the parcel will be opened so direct visual and physical access from Derby Street and Congress Street will occur. Public access will be provided through walkways that lead to the South River and become part of the public access waterfront network in the City. A renovated public seating area will be developed which will be fully accessible to the disabled (currently steps lead to and exit from a seating area). The open space requirements and height requirements of the regulations will be satisfied. Moreover, with the reduction in building footprint, there will be additional open space created. LAND SECTION —all proponents must fill out this section I. Thresholds/Permits A. Does the project meet or exceed any review thresholds related to land(see 301 CMR 11.03(1)—Yes X No; if yes, specify each threshold: II. Impacts and Permits A. Describe, in acres, the current and proposed character of the project site, as follows: Existing Chance Total Footprint of buildings .58 (.16) .42 Roadways, parking, and other paved areas .85 .20 .65 Other altered areas (describe) 0 0 0 Undeveloped areas 0 0 0 B. Has any part of the project site been in active agricultural use in the last three years? _Yes X No; if yes, how many acres of land in agricultural use(with agricultural soils)will be converted to nonagricultural use? C. Is any part of the project site currently or proposed to be in active forestry use? _Yes X No; if yes, please describe current and proposed forestry activities and indicate whether any part of the site is the subject of a DEM-approved forest management plan: D. Does any part of the project involve conversion of land held for natural resources purposes in accordance with Article 97 of the Amendments to the Constitution of the Commonwealth to any purpose not in accordance with Article 97?—Yes X No; if yes, describe: E. Is any part of the project site currently subject to a conservation restriction, preservation restriction, agricultural preservation restriction or watershed preservation restriction? Yes X No; if yes, does the project involve the release or modification of such restriction? _Yes X No; if yes, describe: F. Does the project require approval of a new urban redevelopment project or a fundamental change in an existing urban redevelopment project under M.G.L.c.121A? _Yes X No; if yes, describe: G. Does the project require approval of a new urban renewal plan or a major modification of an existing urban renewal plan under M.G.L.c.121B?Yes _No X ; if yes, describe: H. Describe the project's stormwater impacts and, if applicable, measures that the project will take to comply with the standards found in DEP's Stormwater Management Policy: YES I. Is the project site currently being regulated under M.G.L.c.21 E or the Massachusetts Contingency Plan? Yes _No X ; if yes, what is the Release Tracking Number(RTN)? J. If the project is site is within the Chicopee or Nashua watershed, is it within the Quabbin, Ware, or Wachusett subwatershed? _ Yes X No; if yes, is the project site subject to regulation under the Watershed Protection Act? Yes X No K. Describe the project's other impacts on land: The site is fully developed with existing commercial buildings and parking. The condition of the existing structures is very poor. The project calls for demolition of all existing structures and the construction of new buildings with a use consistentwith the City's master plan.The new construction will consist of less building footprint than the existing condition with only one additional parking space. III.. Consistency A. Identify the current municipal comprehensive land use plan and the open space plan and describe the consistency of the project and its impacts with that plan(s): The project fully complies with local zoning and is consistent with the City's master plan. B. Identify the current Regional Policy Plan of the applicable Regional Planning Agency and describe the consistency of the project and its impacts with that plan: C. Will the project require any approvals under the local zoning by-law or ordinance (i.e. text or map amendment, special permit, or variance)? Yes _No X ; if yes, describe: D. Will the project require local site plan or project impact review? -2L Yes _No; if yes, describe: Site plan review approval was granted by the Salem Planning Board. RARE SPECIES SECTION I. Thresholds/ Permits A. Will the project meet or exceed any review thresholds related to rare species or habitat(see 301 CMR 11.03(2))? _Yes X No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to rare species or habitat?_Yes X No C. If you answered "No"to both questions A and B, proceed to the Wetlands,Waterways, and Tidelands Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Rare Species section below. II. Impacts and Permits A. Does the project site fall within Priority or Estimated Habitat in the current Massachusetts Natural Heritage Atlas (attach relevant page)? _Yes_No. If yes, 1. Which rare species are known to occur within the Priority or Estimated Habitat(contact: Environmental Review, Natural Heritage and Endangered Species Program, Route 135, Westborough, MA 01581, allowing 30 days for receipt of information): 2. Have you surveyed the site for rare species? _Yes_No; if yes, please include the results of your survey. 3. If your project is within Estimated Habitat, have you filed a Notice of Intent or received an Order of Conditions for this project? _Yes_No; if yes, did you send a copy of the Notice of Intent to the Natural Heritage and Endangered Species Program, in accordance with the Wetlands Protection Act regulations? _Yes_No B. Will the project"take" an endangered, threatened, and/or species of special concern in accordance with M.G.L. c.131A(see also 321 CMR 10.04)? _Yes _No; if yes, describe: C. Will the project alter"significant habitat" as designated by the Massachusetts Division of Fisheries and Wildlife in accordance with M.G.L. c.131A(see also 321 CMR 10.30)? _Yes _No; if yes, describe: D. Describe the project's other impacts on rare species including indirect impacts (for example, stormwater runoff into a wetland known to contain rare species or lighting impacts on rare moth habitat): WETLANDS. WATERWAYS, AND TIDELANDS SECTION I. Thresholds I Permits A. Will the project meet or exceed any review thresholds related to wetlands,waterways, and tidelands (see 301 CMR 11.03(3))? X Yes _No; if yes, specify, in quantitative terms: B. Does the project require any state permits (or a local Order of Conditions) related to wetlands, waterways,or tidelands? X Yes _No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Water Supply Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Wetlands, Waterways, and Tidelands Section below. Il. Wetlands Impacts and Permits A. Describe any wetland resource areas currently existing on the project site and indicate them on the site plan: B. Estimate the extent and type of impact that the project will have on wetland resources, and indicate whether the impacts are temporary or permanent: Coastal Wetlands Area (in square feet) or Length (in linear feet) Land Under the Ocean no impact Designated Port Areas no impact Coastal Beaches no impact Coastal Dunes no impact Barrier Beaches no impact Coastal Banks no impact Rocky Intertidal Shores no impact Salt Marshes no impact Land Under Salt Ponds no impact Land Containing Shellfish no impact Fish Runs no impact Land Subject to Coastal Storm Flowage no impact Inland Wetlands Bank no impact Bordering Vegetated Wetlands no impact Land under Water no impact Isolated Land Subject to Flooding no impact Bordering Land Subject to Flooding no impact Riverfront Area no impact C. Is any part of the project 1. a limited project? _Yes X No 2. the construction or alteration of a dam? _Yes X No; if yes, describe: 3. fill or structure in a velocity zone or regulatory floodway? _Yes X No 4. dredging or disposal of dredged material? _Yes X No; if yes, describe the volume of dredged material and the proposed disposal site: 5. a discharge to Outstanding Resource Waters? _Yes X No 6. subject to a wetlands restriction order? _Yes X No; if yes, identify the area (in square feet): D. Does the project require a new or amended Order of Conditions under the Wetlands Protection Act (M.G.L. c.131A)? X Yes _No; if yes, has a Notice of Intent been filed or a local Order of Conditions issued? X Yes _No; if yes, list the date and DEP file number: August 27, 1999; 64-296. Was the Order of Conditions appealed? _Yes X No. Will the project require a variance from the Wetlands regulations?_Yes X No. E. Will the project: 1. be subject to a local wetlands ordinance or bylaw? _Yes No 1. alter any federally-protected wetlands not regulated under state or local law? _Yes X No; if yes, what is the area (in s.f.)? F. Describe the project's other impacts on wetlands (including new shading of wetland areas or removal of tree canopy from forested wetlands): III. Waterways and Tidelands Impacts and Permits A. Is any part of the project site waterways or tidelands (including filled former tidelands) that are subject to the Waterways Act, M.G.L.c.91? X Yes _No; if yes, is there a current Chapter 91 license or permit affecting the project site? X Yes _No; if yes, list the date and number: See attached schedule B. Does the project require a new or modified license under M.G.L.c.91? X Yes _No; if yes, how many acres of the project site subject to M.G.L.c.91 will be for non-water dependent use? Current 12,416 Change 43,472 Total 55,888 The existing condition is commercial non- water dependent use. The project calls for a change in one of the types of commercial use. C. Is any part of the project 1. a roadway, bridge, or utility line to or on a barrier beach? _Yes X No; if yes, describe: 2. dredging or disposal of dredged material? _Yes X No; if yes, volume of dredged material 3. a solid fill, pile-supported, or bottom-anchored structure in flowed tidelands or other waterways? X Yes _No; if yes, what is the base area? 4. within a Designated Port Area? _Yes X No D. Describe the project's other impacts on waterways and tidelands: Existing conditions consist of a fully developed site:The proposed development will open the site to the water and facilitate visual and physical access to the water. IV. Consistency: A. Is the project located within the Coastal Zone? X Yes _No; if yes, describe the project's consistency with policies of the Office of Coastal Zone Management: B. Is the project located within an area subject to a Municipal Harbor Plan? _Yes X No; if yes, identify the Municipal Harbor Plan and describe the project's consistency with that plan: The City of Salem has a proposed plan and the project is consistent with the latest draft of that plan. WATER SUPPLY SECTION I. Thresholds/Permits A. Will the project meet or exceed any review thresholds related to water supply (see 301 CMR 11,03(4))? _Yes X No; if yes, specify, in quantitative terms: B. Does the project require any state permits re lated ated to water supply? _Y s X No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Wastewater Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Water Supply Section below. II. Impacts and Permits A. Describe, in gallons/day, the volume and source of water use for existing and proposed activities at the project site: Existing Change Total Withdrawal from groundwater Withdrawal from surface water Interbasin transfer Municipal or regional water supply B. If the source is a municipal or regional supply, has the municipality or region indicated that there is adequate capacity in the system to accommodate the project?_Yes _No C. If the project involves a new or expanded withdrawal from a groundwater or surface water source, 1. have you submitted a permit application? _Yes _No; if yes, attach the application 2. have you conducted a pump test? _Yes _No; if yes, attach the pump test report D. What is the currently permitted withdrawal at the proposed water supply source (in gallons/day)? Will the project require an increase in that withdrawal? Yes No E. Does the project site currently contain a water supply well, a drinking water treatment facility, water main, or other water supply facility, or will the project involve construction of a new facility? _Yes _No. If yes, describe existing and proposed water supply facilities at the project site: Existing Change Total Water supply well(s) (capacity, in gpd) Drinking water treatment plant(capacity, in gpd) Water mains (length, in miles) F. If the project involves any interbasin transfer of water, which basins are involved, what is the direction of the transfer, and is the interbasin transfer existing or proposed? G. Does the project involve 1. new water service by a state agency to a municipality or water district? Yes _ No 1. a Watershed Protection Act variance? _Yes _No; if yes, how many acres of alteration? 3. a non-bridged stream crossing 1,000 or less feet upstream of a public surface drinking water supply for purpose of forest harvesting activities? _Yes _No H. Describe the projects other impacts (including indirect impacts) on water resources, quality, facilities and services: III. Consistency-- Describe the project's consistency with water conservation plans or other plans to enhance water resources, quality, facilities and services: WASTEWATER SECTION I. Thresholds/Permits A. Will the project meet or exceed any review thresholds related to wastewater(see 301 CMR 11.03(5))? _Yes X No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to wastewater? _Yes X No; if yes, specify which permit: C. If you answered "No" to both questions A and B. proceed to the Transportation --Traffic Generation Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Wastewater Section below. H. Impacts and Permits A. Describe, in gallons/day, the volume and disposal of wastewater generation for existing and proposed activities at the project site (calculate according to 310 CMR 15.00): Existing Change Total Discharge to groundwater(Title 5) Discharge to groundwater(non-Title 5) Discharge to outstanding resource water Discharge to surface water Municipal or regional wastewater facility TOTAL B. Is there sufficient capacity in the existing collection system to accommodate the project? —Yes _No; if no, describe where capacity will be found: C. Is there sufficient existing capacity at the proposed wastewater disposal facility?_Yes _No; if no, describe how capacity will be increased: D. Does the project site currently contain a wastewater treatment facility, sewer main, or other wastewater disposal facility, or will the project involve construction of a new facility? _Yes _No. If yes, describe as follows: Existing Change Total Wastewater treatment plant(capacity, in gpd) Sewer mains (length, in miles) Title 5 systems (capacity, in gpd) E. If the project involves any interbasin transfer of wastewater, which basins are involved, what is the direction of the transfer, and is the interbasin transfer existing or proposed? F. Does the project involve new sewer service by an Agency of the Commonwealth to a municipality or sewer district? Yes No G. Is there any current or proposed facility at the project site for the storage, treatment, processing, combustion or disposal of sewage sludge, sludge ash, grit, screenings, or other sewage residual materials? _Yes _No; if yes, what is the capacity (in tons per day): Existing Change Total Storage Treatment, processing Combustion Disposal H. Describe the project's other impacts (including indirect impacts) on wastewater generation and treatment facilities: III. Consistency -- Describe measures that the proponent will take to comply with federal, state, regional, and local plans and policies related to wastewater management: A. If the project requires a sewer extension permit, is that extension included in a comprehensive wastewater management plan? _Yes _No; if yes, indicate the EOEA number for the plan and describe the relationship of the project to the plan TRANSPORTATION -- TRAFFIC GENERATION SECTION I. Thresholds/ Permits A. Will the project meet or exceed any review thresholds related to traffic generation (see 301 CMR 11.03(6))? _Yes X No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to state-controlled roadways? Yes X No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Roadways and Other Transportation Facilities Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Traffic Generation Section below. It. Traffic Impacts and Permits A. Describe existing and proposed vehicular traffic generated by activities at the project site: Existing Change Total Number of parking spaces Number of vehicle trips per day ITE Land Use Code(s): B. What is the estimated average daily traffic on roadways serving the site? Roadway Existing Change Total 1. 2. 3. C. Describe how the project will affect transit, pedestrian and bicycle transportation facilities and services: Ill. Consistency— Describe measures that the proponent will take to comply with municipal, regional, state, and federal plans and policies related to traffic, transit, pedestrian and bicycle transportation facilities and services: ROADWAYS AND OTHER TRANSPORTATION FACILITIES SECTION I. Thresholds A. Will the project meet or exceed any review thresholds related to roadways or other transportation facilities (see 301 CMR 11.03(6))? _Yes X No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to roadways or other transportation facilities? _Yes X No; if yes, specify which permit: C. If you answered "No" to both questions A and B, proceed to the Energy Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Roadways Section below. It. Transportation Facility Impacts A. Describe existing and proposed transportation facilities at the project site: Existing Change Total Length (in linear feet) of new or widened roadway Width (in feet) of new or widened roadway Other transportation facilities: B. Will the project involve any 1. Alteration of bank or terrain (in linear feet)? 2. Cutting of living public shade trees (number)? 3. Elimination of stone wall (in linear feet)? III. Consistency -- Describe the project's consistency with other federal, state, regional, and local plans and policies related to traffic, transit, pedestrian and bicycle transportation facilities and services, including consistency with the applicable regional transportation plan and the Transportation Improvements Plan (TIP), the State Bicycle Plan, and the State Pedestrian Plan: ENERGY SECTION I. Thresholds/Permits A. Will the project meet or exceed any review thresholds related to energy (see 301 CMR 11.03(7))? _Yes X No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to energy? _Yes X No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Air Quality Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Energy Section below. It. Impacts and Permits A. Describe existing and proposed energy generation and transmission facilities at the project site: Existing Change Total Capacity of electric generating facility (megawatts) Length of fuel line(in miles) Length of transmission lines (in miles) Capacity of transmission lines(in kilovolts) B. If the project involves construction or expansion of an electric generating facility, what are 1. the facility's current and proposed fuel source(s)? 2 the facility's current and proposed cooling source(s)? C. If the project involves construction of an electrical transmission line, will it be located on a new, unused, or abandoned right of way?_Yes _No; if yes, please describe: D. Describe the project's other impacts on energy facilities and services: 111. Consistency -- Describe the project's consistency with state, municipal, regional, and federal plans and policies for enhancing energy facilities and services: AIR QUALITY SECTION I. Thresholds A. Will the project meet or exceed any review thresholds related to air quality (see 301 CMR 11.03(8))? _Yes X No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to air quality? _Yes X No, if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Solid and Hazardous Waste Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Air Quality Section below. II. Impacts and Permits A. Does the project involve construction or modification of a major stationary source (see 310 CMR 7.00, Appendix A)?_Yes _No; if yes, describe existing and proposed emissions (in tons per day) of: Existing Change Total Particulate matter Carbon monoxide e Sulfur dioxide Volatile organic compounds Oxides of nitrogen Lead Any hazardous air pollutant Carbon dioxide B. Describe the projects other impacts on air resources and air quality, including noise impacts: III. Consistency A. Describe the projects consistency with the State Implementation Plan: B. Describe measures that the proponent will take to comply with other federal, state, regional, and local plans and policies related to air resources and air quality: SOLID AND HAZARDOUS WASTE SECTION I. Thresholds/Permits A. Will the project meet or exceed any review thresholds related to solid or hazardous waste (see 301 CMR 11.03(9))? _Yes X No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to solid and hazardous waste? _Yes X No; if yes, specify which permit: C. If you answered "No" to both questions A and B, proceed to the Historical and Archaeological Resources Section. If you answered "Yes"to either question A or question B. fill out the remainder of the Solid and Hazardous Waste Section below. II. Impacts and Permits A. Is there any current or proposed facility at the project site for the storage, treatment, processing, combustion or disposal of solid waste?_Yes _No; if yes, what is the volume (in tons per day) of the capacity: Existing Change Total Storage Treatment, processing Combustion Disposal B. Is there any current or proposed facility at the project site for the storage, recycling, treatment or disposal of hazardous waste?_Yes _No; if yes, what is the volume (in tons or gallons per day) of the capacity: Existing Change Total Storage Recycling Treatment Disposal C. If the project will generate solid waste (for example, during demolition or construction), describe alternatives considered for re-use, recycling, and disposal: D. If the project involves demolition, do any buildings to be demolished contain asbestos? —Yes —No E. Describe the project's other solid and hazardous waste impacts (including indirect impacts): III. Consistency--Describe measures that the proponent will take to comply with the State Solid Waste Master Plan: HISTORICAL AND ARCHAEOLOGICAL RESOURCES SECTION I. Thresholds/ Impacts A. Is any part of the project site a historic structure, or a structure within a historic district, in either case listed in the State Register of Historic Places or the Inventory of Historic and Archaeological Assets of the Commonwealth? _Yes X No; if yes, does the project involve the demolition of all or any exterior part of such historic structure? _Yes X No; if yes, please describe: B. Is any part of the project site an archaeological site listed in the State Register of Historic Places or the Inventory of Historic and Archaeological Assets of the Commonwealth? _Yes X No; if yes, does the project involve the destruction of all or any part of such archaeological site? _Yes X No; if yes, please describe: C. If you answered "No" to all parts of both questions A and B, proceed to the Attachments and Certifications Sections. If you answered "Yes"to any part of either question A or question B, fill out the remainder of the Historical and Archaeological Resources Section below. D. Have you consulted with the Massachusetts Historical Commission? _Yes _No; if yes, attach correspondence E. Describe and assess the project's other impacts, direct and indirect, on listed or inventoried historical and archaeological resources: IL Consistency-- Describe measures that the proponent will take to comply with federal, state, regional, and local plans and policies related to preserving historical and archaeological resources: ATTACHMENTS: 1. Plan, at an appropriate scale, of existing conditions of the project site and its immediate context, showing all known structures, roadways and parking lots, rail rights-of-way, wetlands and water bodies, wooded areas, farmland, steep slopes, public open spaces, and major utilities. 2. Plan of proposed conditions upon completion of project(if construction of the project is proposed to be phased, there should be a site Ian showing conditions n p p g t upon the completion of each phase). 3. Original U.S.G.S. map or good quality color copy (8-'/z x 11 inches or larger) indicating the project location and boundaries 4 List of all agencies and persons to whom the proponent circulated the ENF, in accordance with 301 CMR 11.16(2). 5. Other: CERTIFICATIONS: 1. The Public Notice of Environmental Review has been/will be published in the following newspapers in accordance with 301 CMR 11.15(1): (Name) (Date) Salem Evening News February 19 2000 2. This form has b n circulated to Agencies and Persons in accordance with 301 CMR 11.16(2). 2/15/00 _ Date i ature o esponsible fficer Date Signature of person preparing or Proponen ENF (if different from above) Name(print or type) J. Hilary Rockett J r. Name(print or type) Firm/Agency Pickering Wharf Realty Firm/Agency Street 190 Pleasant Street Street Municipality/State/Zip Marblehead, MA 01945 Municipality/State/Zip Phone (781)631-3070 Phone L din a a/ - . / [_Central a 2 e • .l '.O L _. 1F b �b Pom3, ��: ..I „ Pe 5 1 � ! I Golf Course �� e 7Z �•1 _.-- - i r a i nWaPZI, '.!� i. rd F� � � � J�S - III ,; .2` ' ✓ � t � G r ;�.,, *' oo. � k I x G LNL? 1 '/s l (^/k,/ �� i �~ .0.: � SCh • SUb$ v I yMl� o °-rrp- -HalPode Boat R. +hock 'Sal m Terminal, 'Park $ r " .✓6 r". �i , rf 3 i Si t.. N' �. _ n;t Ire IgfbrlGaF S,lte� -L ht o"'- -oc, -U o ` BUBI�CT�� / V v L i I a 3 1 �g Polger� . j ((i Point �s, ad Syr ♦ — A.Point SA�L LM ,', 5/ RBO •,A � � � �l � of v. �� P � ar2'� a La a _ � �l/y • � � A C � �n�ir F � 1.�. L 1 \.'. �' • �, L '\ R t L x .O . Pickerft Pcin� o .� I ' 07 ��' v�� - Galf Cau�seJ ��A�'/ � t n� o c � 3�•� � � \s VN TO)5a KM 342 55, 343 1 345 52' 30" 2 3 4 SCALE 1:25 000 1 CENTIMETER ON THE MAP REPRESENTS 250 METERS ON THE PICKERING WHARF HOTEL - SALElV�01y�( I�i .NTERVAL 3 METERS DISTRIBUTION LIST Secretary of Environmental Affairs Attn: MEPA Office 100 Cambridge Street- 20`h Floor Boston, MA 02202 Executive Office of Environmental Affairs Attn: Mark Smith - Water Policy Director 100 Cambridge Street - 20`h Floor Boston, MA 02202 Department of Environmental Protection Attn: David Murphy, Commissioner's Office One Winter Street Boston, MA 02108 Department of Environmental Protection Northeast Regional Office Attn: MEPA Coordinator 205-A Lowell Street Wilmington, MA 01887 Executive Office of Transportation and Construction Attn: Environmantal Reviewer 10 Park Plaza, Room 3510 Boston, MA 02116-3969 Massachusetts Highway Department Public/Private Development Unit 10 Park Plaza Boston, MA 02116 Massachusetts Highway Department-District#4 Attn: MEPA Coordinator 519 Appleton Street Arlington, MA 02476 Massachusetts Aeronautics Commission Attn: MEPA Coordinator 10 Park Plaza, Rm. 6620 Boston, MA 02116-3966 Massachusetts Historical Commission The Massachusetts Archives Building 220 Morrissey Boulevard Boston, MA 02125 Salem City Council 93 Washington Street Salem, MA 01970 Salem Planning Board One Salem Green Salem, MA 01970 Salem Conservation Commission One Salem Green Salem, MA 01970 Salem Board of Health Nine North Street Salem, MA 01970 Coastal Zone Management Attn: Project Review Coordinator 100 Cambridge Street, 20"Floor Boston, MA 02202 Division of Marine Fisheries Attn: Environmental Reviewer 100 Cambridge Street, 19`h Floor Boston, MA 02202 ,:velakilmaaWlldlg,(.,� i CWWW19wealeh ofive 3. --1 rgs Fxecttrive OJJfnt OfRftRW0ttmetrf 1 A afts-MEPA 100 Cambridge St. -20th fl.,Boston,MA 02202 owe 617-727-5930 FOR MS OF NOTICE The following should be Completed and submitted to a Iocal newspaper: PUBLIC NOTICE OF ENVtxorrnlFavrAx,xl;vr>;w PROJECT: Pickering Wharfntel and Retail Bullding LOCATION: 223 231 berbv s t(corner of Congress Street) Salem.Massaehus6u PROPOI :Picketfa rf Reality Trust l i I The undersigned is submiittina an Environmental Notification:For C ")to the Secretary of Enviromrental Affairs on or before February 15,2000 This will initiate review of the above project pursuant to the Massachusbtts Environmental Policy Act("MEPA .M.G.L.e.30,s.s_61, 62 6214)_Copies of the ENF may I e obtained from- 1.Hilary Rockett,Jr. Pickering Wharf Realty Trust 190 Pleasant Street Marblehead, MA 01945 Phone: (791) 63I-3070 Fax: (781)6394 290 i I Copies of the PNF are also being sent to the Conservation Commission d Planning Board of city l j of Salem where they may be inspected I The Secretary of Environmental Affairs will publish notice oftheNF i` the Fnvironmental 1?Vionitor,will receive public comments on the project for 20 days, tdIl them decide.within ten days,if an Em irottmerrtal Impact Report is needed.A site visitiautd consliltati session on the Project may also be scheduled.All persons wishing to comment o e P� Ject,or to be notified of a site visit or consultation session,should write to the Secretary of vir Iritneng(Affairs. 100 Cambridge Street,Boston,Massachusetts 02202,Attention:MEPA Unit,referencing the above Prof- � Pick nzl _ ust By. J.T3r 011-1 Z00/d00'd 290-1 AlIV381030S-100,d vdl9:E0 000t-9l-9Bd t APPLICABLE C. 91 LICENSES AND OTHER AUTHORIZATIONS Pickering Wharf, Salem Massachusetts 1. LeFislative Authorization: Chap. 108 of 1807 authorized the erection of sea wall or other walls and the erection of buildings. 2. Licenses: Date License Number 11/08/1883 782 1646 03/28/1894 1647 O1/31/1924 17.400 11/13/1924 18.485 11/13/1924 19.486 20.682 03/17/1955 21.3708 12/11/1962 22.4645 04/04/1981 23.438 09/04/1981 24.757 I COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 MITT ROMNEY Governor . . ELLEN ROY HERZFELDER Secretary KERRY HEALEY Lieutenant Governor ROBERT W.GOLLEDGE,Sr. Commissioner April 28, 2004 I {iYjL�1JiL�Vlr.li� Pickering Wharf Realty Trust c/o Greg Carrafiello APR 3 Q 2004 Fort Point Associates ®�1 AFPdA1VNING�f . 286 Congress Street, 6tb floor GRAN Boston,MA RE: ISSUANCE OF CHAPTER 91 WATERWAYS AMENDMENT Waterways License Application No.W00-9751-N,License No. 10005 Pickering Wharf Hotel and Residences,Filled Tidelands of the South River,Salem,MA, Essex County South District. Dear Sirs, The Department of Environmental Protection hereby issues the above-referenced Waterways license, enclosed, authorizing you to perform certain activities pursuant to M.G.L. c. 91, the Public Waterfront Act and its regulations 310 CMR 9.00. Any change in use or alteration of any structure or fill not authorized by this license shall render this license void. Any change in use or structural alteration from that authorized herein requires the prior review of the Department to determine if a new waterways authorization is required. Any unauthorized substantial change in use or substantial structural alteration of any structure or fill authorized by this License shall render it void. RECORDING OF THE LICENSE This License must be recorded at your County Registry of Deeds or, if registered land, with the Land Registration Office within sixty (60)days from the date of license issuance. Failure to record this license within sixty (60)days of the date of issuance will render this License void pursuant to 310 CMR 9.18. Failure to notify the Department of the recording of this License is a violation of 310 CMR 9.00 and is subject to enforcement action by the Department.Work or change in use authorized by this License shall not commence until said License and plans are recorded and the Department has received written notification of the date, book, and page number of the record. You must complete and return the enclosed Waterways License Recordation Notice Form notifying the Department of the recording information for this License. This information is available in alternate formal Call Debra Doherty,ADA Coordinator at 617-292-5565.TDD Sendce-1.800-298-2207. D=P on the World Wide Web: http://w .mass.gov/dep C0 Printed on Recycled Paper r RE: ISSUANCE OF CHAPTER 91 WATERWAYS AMENDMENT Waterways License Application No.W00-9751-N,License No. 10005 Filled Tidelands of the South River, Salem,Essex.County South District REQUEST CERTIFICATE OF COMPLIANCE Pursuant to 310 CMR 9.19, once the proposed project is completed you must file a Request for a Certificate of Compliance form,BRP WW05, within sixty(60) days of completion but in no event later than five(5) years from the License's issuance date. The license for any project for which such a request is not filed and certificate issued may be revoked pursuant to 310 CMR 9.26. Please feel free to contact me at(617)292-5615 if you have any questions pertaining to the recording of your Waterways license or Certificate of Compliance. Sincerely, Ben Lynch Program Chief Waterways Regulation Program cc: Steven Falvey Coastal Zone Management Mayor's Office, City of Salem Salem Conservation Commission Salem Planning Board Salem Harbormaster Salem Municipal Harbor Planning Committee WRP files Enclosure(s) Waterways License#10005 Notification of Waterways License Recordation form Ben Lynch,Program Chief Waterways Regulation Program Department of Environmental Protection 1 Winter Street, 6th Floor Boston,Massachusetts 02108 RE: NOTIFICATION OF WATERWAYS LICENSE RECORDATION Waterways License No. 10005 . Filled Tidelands of the South River, Salem,Essex County, South District Dear Mr.Lynch: This is to notify you that the above referenced Waterways license was recorded with the appropriate Registry of Deeds/ Land Court for this project location and to provide your office with the following recordation information. Date of Recordation: County Registry of Deeds/Land Court: Book number and page number(s) . We will apply for a Certificate of Compliance with your office when the authorized work or change in use is completed. Sincerely, Chapter 91 Waterways Licensee License is void if not recorded within sixty(60)days of issuance. This information is available in alternate format CaII Debra Doherty,ADA Coordinator at 617-292-5565.TDD Service-I.800-298-2207. DEP on the World Wide Web: http://w .mass.gov/dep 6 Printed on Recycled Paper 01ht Tiamtt[IImUUO of MaS5ttE4U0E#f0 10005 No. 4w � PtEF[S, Pickering Wharf Realty Trust of--Marblehead --, in the County of-- Essex -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection to -,construct and maintain a six- story building with a footprint approximately 16,128 square feet; a orie-story bank building with a footprint approximately 2,786 square feet; associated parking and other structures; vehicle circulation roads; waterfront walkway; connecting walkways, and landscaping------------------------------------- and has submitted plans of the same; and whereas due notice of said application, and of the time and place fixed for a hearing thereon, has been given, as required by law, to the --Mayor and City Council-- of the -- City-- of --Salem. --------------------------------------- NOW, said Department, having heard all parties desiring to be heard, and having fully considered said application, hereby authorizes and licenses the said -------------------------- --Pickering Wharf Realty Trust--, subject to the provisions of the ninety-first chapter of the General Laws, and of all laws which are or may be in force applicable thereto, to -- construct and maintain a six-story building with a footprint approximately 16,128 square feet; a one-story bank building with a footprint approximately 2,786 square feet; associated parking and other structures; vehicle circulation roads; waterfront walkway; connecting walkways, and landscaping. --------------------------------------------------------- in and over filled tidelands of— the South River-- in the -- City-- of -- Salem-- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. 10005 (11 sheets). --------------------------------------------------------------- The structures authorized hereby shall be limited to the following uses: Hotel Building— hotel, restaurant, bar, retail, function room,publicly accessible restroom on the first four floors, and residential on the fifth and sixth floors; Outdoor Dining Areas Exterior to Hotel—restaurant;Bank Building - banking; Hotel, Residential, and Bank Parking Areas —parking associated with the on-site hotel, restaurant, bar, function room,retail space, bank, residences, and public open space; Waterfront and Areas Exterior To Buildings Intended for Pedestrian Access -public access to waterfront open space for passive recreational purposes. --------------------------------------------------------------------------------- PRINTED ON RECYCLED PAPER License No. 10005 Page 2 Fill, structures, and uses on site were authorized by the following Waterways authorizations: HL 782 (1883), HL 1646 (1894), HL 1647 (1894 - void due to failure to record), HL 2660 (1902),PW 400 (1904), PW 486 (1924 - void due to failure to record), PW 682 (1926),DEP 9331 (2002). This amended license shall supersede those portions of those authorizations located on the project site, including License No. 9331 in its entirety, and shall be recorded at the Registry of Deeds pursuant to 310 CMR 9.18. This license for the uses and structures authorized herein is valid for a term of 50 years from the date of issuance. By written request of the Licensee for a new amendment, the Department may grant a renewal for the term of years not to exceed that authorized in this license. This license is subject to the following Special Conditions and Standard Conditions: Special Condition 1: As shown on the final license plans, the ground floor of the hotel shall contain Facilities of Public Accommodation,including areas associated with the hotel, function room, restaurant,bar, and retail areas. The second through fourth floors shall contain hotel guest rooms and associated facilities. The hotel use and associated ground floor Facilities of Public Accommodation shall be the primary uses of the building for the term of the license. The Licensee shall provide a restroom for public use on the ground floor of the hotel, at no charge, during the hotel hours of operation. Special Condition 2: The Licensee shall provide approximately 42,400 s.f. of open space on the project site, including 10,300 s.f, of publicly accessible open space on the project site, plus approximately 8,100 square feet of publicly accessible open space at the marina site. The Licensee shall construct and maintain in good repair publicly accessible open space facilities on the project site and on the existing manna portion of the property, as shown on the final license plans. Said publicly accessible open space facilities shall be designed in accordance with the Massachusetts Architectural Board standards for accessibility. Said publicly accessible open space facilities shall be constructed and opened to the public in accordance with the schedule specified in Special Condition No. 9. Said publicly accessible open space facilities to be constructed and maintained by the Licensee shall include: (a) a publicly accessible waterfront walkway between the Congress Street sidewalk and the eastern property line, as shown on the final license plans. The approximately 60 foot long cantilevered portion of the walkway seaward of the manna building shall be 10 feet wide clear of any obstructions. The approximately 135 foot long portion of the walkway east of the manna building shall be 10 feet wide clear of any obstructions, at least 5 feet of which shall be constructed on land. This entire walkway shall be constructed so that its surface is covered with a uniform surface so as to create a flush grade. Said waterfront walkway shall be designed and constructed in such a manner so as to cause no interference with the manna authorized by the Department of Public Works License No. 10005 Page 3 Waterways License No. 4645 and the Department of Environmental Quality Engineering Waterways License No. 757. Specifically, the cantilevered walkway shall be designed and constructed to have a minimum clearance of 6 feet 9 inches above the elevation of the floats at mean,high water; and cause no negative impact to the structural stability of the seawall, existing backfill, manna building, and manna structures and floats; (b) benches, lighting, trash receptacles, and interpretive signage along the landward edge of the walkway required in (a), as shown on the final license plans; (c) walkways, including crosswalks, as located and described on the final license plan, to connect the waterfront walkways described in (a) with the on-site uses authorized herein,Derby Street, and Congress Street; (d) Outdoor dining areas located along the western and northern sides of the hotel building, to be sited and used in such a way so as to maintain unobstructed pedestrian access to the walkways from the south side of the hotel to Derby Street; (e) connections from the walkways described in (a) and(c) to any existing waterfront walkways that may exist on adjacent areas or which may be built on adjacent areas in the future, so as to create a continuous publicly accessible waterfront walkway system around the South River; (f) seating, lighting, trash receptacles, and wrought iron decorative fencing,including a designated seating area located along the waterfront, and benches and other amenities along the landward edge of the walkway required in a), as shown on the final license plans. A minimum of eight (8)wooden benches and seven (7) trash receptacles shall be provided. The lighting shall be designed so as to not cast light upon the South River and so as to not interfere with navigation during the night. The decorative fencing shall not include any gates or other structures across the walkways required herein; (g) landscaping, substantially in those locations depicted on the final license plan; and (h) design and construction of improvements to the City sidewalks adjacent to the project site and manna,including maintenance of street furniture and landscaping on the project site adjoining the sidewalks, as approved by the City of Salem and as shown on the final license plans. Special Condition 3: The Licensee shall make a monetary contribution of$10,000.00 (Ten Thousand Dollars)to an account established by the City of Salem for the purpose of planning, programming, designing, constructing, and/or maintaining watersheet activation elements in the South River, consistent with the Salem Municipal Harbor Plan as approved by the Secretary of the Executive Office of Environmental Affairs on November 9, 2000 ("MHP"). The payment shall be made to the City prior to the issuance of the Certificate of Occupancy for the hotel. The Licensee shall provide proof of such - - payment to the Department within 10 days of said payment having been made. Special Condition 4: The facade of the hotel and bank buildings authorized herein shall be designed to be visually compatible with the waterfront walkway and the Derby Wharf License No. 10005 Page 4 Historic District. Visual compatibility shall be determined by the Salem Planning Board,in connection with the plan review and approval required by Special Condition No. 9. Special Condition 5: As shown on the final license.plans, the Licensee may use _. . approximately 29,150 square feet of the project site for vehicular access and parking for the on-site uses authorized herein. No vehicular parking for the on-site bank and hotel building uses (including but not limited to the retail, restaurant,function room and pub use on the ground floor of the hotel) shall occur on the marina portion of the property. Special Condition 6: During the construction period,no storage of construction materials shall be allowed in the water-dependent use zone [which extends one hundred(100)feet landward of the existing stone bulkhead on the portion of the property.seaward of the project site]. Prior to paving or making other modifications to the area within the water-dependent- use zone (such as installation of any underground utilities or construction of the waterfront walkways),the Licensee shall provide the marina operator with reasonable written notice of such activities, and provide temporary replacement parking elsewhere on the project site for the marina patrons. Special Condition 7: The facilities required by Special Condition No. 2 shall be available to the general public,free of charge, 24-hours a day. The Licensee shall make the restroom facilities specified in Special Condition No. 1 available to the public,free of charge, during all hours of hotel operation. The Licensee may adopt reasonable rules for use of the publicly accessible facilities specified in Special Condition 2 and the restrooms specified in Special Condition 1, subject to prior review and written approval by the Department, as are necessary for the protection of public health and safety and private property, and to ensure public use and enjoyment by minimizing conflicts between user groups. No amendment to said rules shall be made without prior written approval by the Department. Special Condition 8: The Licensee shall place and maintain in good repair signage of an adequate size to be clearly visible to pedestrians from all walkway connections entering onto the site from Derby Street, Congress Street, and any adjacent waterfront walkways. Said signage shall notify the public of the availability of the publicly accessible waterfront walkways and related facilities, restrooms, and hours of access. Prior to placement of said signage, the Licensee shall submit a draft signage plan to the City of Salem Planning Department. Said plan shall identify the text and design of each sign, as well as the proposed location of the sign. Said signage shall be consistent with all local laws,regulations and with the Department's sign specifications attached to this license. Said signage specified in this condition shall be constructed and completed in accordance with the schedule specified in Special Condition 9. Special Condition 9: Final detailed design plans for the walkways, landscaping, and other facilities produced in accordance with Special Condition No. 2, and the fagade of the buildings shall be subject to the prior review and written approval of the Salem Planning Department. Copies of said written approval and final approved plans shall be provided to . License No. 10005 Page 5 the Department no later than 60 days following receipt of said approval. The walkway and other facilities specified in Special Condition No. 2 shall be completed and opened to the public, and signage installed pursuant to Special Condition 8, no later than issuance of the City of Salem Certificate of Occupancy for the hotel building, except that the cantilevered portion of the walkway along the manna building shall be completed and open to the public within two years from the date of issuance of this license. The deadline for the completion of the portion of the cantilevered walkwayalong the manna building a m be extended at the g g Y Department's discretion upon request of the P p q Licensee. The restrooms required by Special Condition No. 1 shall be open to use by the general public no later than opening of the hotel for business. Special Condition 10: The Licensee shall suitably screen the exterior dumpster(s) identified on the final license plan so as to not be visible to pedestrians from the publicly accessible portions of the site,Derby Street, and Pickering Way. Special Condition 11: The Licensee shall utilize best efforts to arrange all deliveries and trash pick-ups to and from the project area at such times so as to minimize conflicts with the manna and other land uses in the project vicinity. Special Condition 12: The Licensee shall submit,within three (3)months of the issuance of this License, a written management plan for the Department's prior review and written approval that describes the manner in which the licensee will ensure that all interior facilities of public accommodation,exterior publicly accessible open space facilities and public benefits associated with this project and required herein, are effectively sustained. Specifically,the plan shall address: signage welcoming the public to use the publicly accessible open space facilities and interior ground floor uses of the hotel,including the publicly accessible restrooms; signage and parking rules designating where hotel (including interior ground floor uses)and bank patrons shall park their vehicles (pursuant to Special Condition 5); a mechanism to ensure that project construction minimizes interference with manna operations;rules and operational procedures for access of the restrooms to the general public; and maintenance of the publicly accessible open spaces and walkways required herein. Special Condition 13: Any structural alteration or change in use from that authorized herein and contained on the final license plan,including,but not limited to, construction and installation of a Conference Center or other structure which may be associated with a subsequent project phase, shall require the prior review of the Department to determine whether additional licensing is required pursuant to MOL Chapter 91,the Public Waterfront Act, and 310 CMR 9.00, the Waterways regulations. Special Condition 14: No later than sixty(60) days after issuance of the City of Salem Certificate of Occupancy for the hotel or bank, whichever Certificate is issued last,but in any case no longer than 5 years after issuance of this license, the Licensee shall apply to the License No. 10005 Page 6 Department for a Certificate of Compliance pursuant to the Waterways regulations, and provide the Department with an as-built plan stamped and signed by a registered professional engineer licensed to do business in the Commonwealth. Special Condition 15: All work authorized herein shall be completed within five (5) years of the date of this License, unless specified otherwise herein. Said construction period may be extended by the Department for one or more one year periods without public notice,provided that the Applicant submits to the Department, no later than thirty (30) days prior to the expiration of said construction period, a written request to extend the period, and provides adequate justification for said extension. Special Condition 16: The License shall be subject to an annual compliance fee for nonwater-dependent uses pursuant to 310 CMR 4.00. Please see page seven (7) for the standards conditions to this license.------------------------= Duplicate of said plan, number 10005 is on file in the office of said Department, and original of said plan accompanies this License, and is to be referred to as a part hereof. License No. 10005 Page 7 STANDARD WATERWAYS LICENSE CONDITIONS 1. Acceptance of this Waterways License Amendment shall constitute an agreement by the Licensee to conform with all terms and conditions stated herein. 2. This License Amendment is granted upon the express condition that any and all other applicable authorizations - necessitated due to the provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized pursuant to this License. - - 3. Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the issuance by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure or fill authorized herein shall render this Waterways License Amendment void. 4. This Waterways License Amendment shall be revocable by the Department for noncompliance with the terms and conditions set forth herein. This License Amendment maybe revoked after the Department has given written notice of the alleged noncompliance to the Licensee and those persons who have Sled a written request for such notice with the Department and afforded them a reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this Waterways License Amendment void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee,its successors and assigns as an unauthorized and unlawful structure and/or fill. 5. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated herein and the details indicated on the accompanying license plans. 6. Nothing in this Waterways License Amendment shall be construed as authorizing encroachment in,on or over property not owned or controlled by the Licensee,except with the written consent of the owner or owners thereof. 7. This Waterways License Amendment is granted subject to all applicable Federal, State, County, and Municipal laws, ordinances and regulations including but not limited to a valid final Order of Conditions issued pursuant to the Wetlands Protection Act,G.L.Chapter 131,s.40. 8. This Waterways License Amendment is granted upon the express condition that the use of the structures and/or fill authorized hereby shall be in strict conformance with all applicable requirements and authorizations of the DEP,Division of Water Pollution Control. 9. This License amendment authorizes structme(s)and/or fill on: X Private Tidelands. In accordance with the public easement that exists by lawon private tidelands,the licensee shall allow the public to use and to pass freely upon the area of the subject property lying between the high and low water marks,for the purposes of fishing,fowling,navigation,and the natural derivatives thereof. _Commonwealth Tidelands. The Licensee shall not restrict the public's rightto use and to pass freely,for any lawful purpose,upon lands lying seaward of the low water mark. Said lands are held in trust by the Commonwealth for the benefit of the public. _a Great Pond of the Commonwealth. The Licensee shall not restrict thepublic's right to use and to pass freely upon lands lying seaward of the high water mark for any lawful purpose. No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license. 10.Unless otherwise expressly provided by this License Amendment, the licensee shall not limit the hours of availability of any areas of the subject property designated for public passage,nor place any gates,fences, or other structures on such areas in a manner that would impede or discourage the free flow of pedestrian movement thereon. License No. 10005 Page 8 The amount of tidewater displaced by the work hereby authorized has been ascertained by said Department, and compensation thereof has been made by the said -- Pickering Wharf Realty Trust -- by paying into the treasury of the Commonwealth -- ten dollars and zero cents ($10.00) -- for each cubic yard so displaced, being the amount hereby assessed by said Department. (0 Cubic Yards = $0.00) Nothing in this License shall be so construed as to impair the legal rights of any person. This License shall be void unless the same and the accompanying plan are recorded within 60 days from the date hereof, in the Registry of Deeds for the County of Essex South District. IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this 2 B day of Ar t d in the year two thousand and four. Program Chief Department of Environmental Protection THE COMMONWEALTH OF MASSACHUSETTS Commonwealth by the said of the further sum of the amount sum by the Governor lust and equitable charge for rights and privileges hereby granted in the 1 e Commonwealth. BOSTON, RI,PFE)Ved-by the Q—E)Veffi8f. GOVK O License No. 10005 Page 9 SIGNAGE SPECIFICATIONS OF THE WATERWAYS REGULATION PROGRAM Waterways License No. 10005 Unless otherwise expressly provided in a license or other written authorization by the Department, all required signage shall conform to the following specifications, as applicable: 1. all signs shall utilize durable materials and methods of construction and be a minimum of 24" by 18" in size; 2. the Licensee shall maintain and repair all signs in good condition at all times; 3. letter height shall be a minimum of 1/2-inch; 4. design, text, and location of the signage required by Special Condition No. 7 shall be subject to the review and written approval of the City of Salem Planning Department. 5. Unless specified otherwise by the City of Salem Planning Department as part of their signage approval specified in paragraph 4 above, the site entryway signage specified in Special Condition 8 shall consist of blue lettering on a white background and state "Waterfront Walkway" (minimum two inch height); "Open to the Public 24-Hours A Day" (minimum one and a half inches), "MA Department of Environmental Protection, Waterways Regulation Program, License No. 10005" (minimum one half inch in height); and "These Walkways provided under Massachusetts General Law Chapter 91." (minimum 1/2 inch in height). 6. Unless specified otherwise by the City of Salem Planning Department as part of their signage approval specified in paragraph 4 above, the sign exterior to the hotel specified in Special Condition 8 shall consist of blue lettering on a white background and state "Publicly Accessible Restrooms" (minimum two inch height); "Open to the Public During Hotel Operating Hours at No Charge" (minimum one inch), "MA Department of Environmental Protection, Waterways Regulation Program,License No. 10005" (minimum one half inch in height); and "This Benefit Provided Under Massachusetts General Law Chapter 91." (minimum 1/2 inch in height). ------------------------------ ----------------------------------------------------------------------------- Note to Licensee: these specifications do not need to be recorded at your County Registry of Deeds. Na1F _ AJ p t GRAPHIC =50 FEr 2 > SC 9LE �': 7f�a -tee 1 RFCONS ` y p2. � tss _Qewac� �TE sA EM p: BUILDING FOOTPRINTS THIN - r7Z.. ti ` p'ARBOR -�= --. HO K PROJECT 2 g SF i'. PAR 9A91NG vnTHlu PICKERING 3 HOTEL-AM BANK WHARF LOCUS NTS PROJECT SITE = 29,7011SF 11 Y HOTEL \� n: w df*+F FOOTPRINT= WRO 0U1DrORkO' 13.555±SFDECQRARvE - FENCE PE� SEA7MGfAsf9. � SAI I III i r t dVMMt6 .� " z V IJ "Y BOAf2-0- f DGO PO D VE I r T hu -- BANK ¢ Grp FOOTPRINT ,. 2,306±SF OUTD QR 3` CRESCENT" CRO - - _ SEA �N �;� SECT�N B CROSS SECTION B r „ PAINTED CROSSWALK Ia0 PAINTED CROSSWALK —0 - DATUM: MSL-0.0 —44 FLo N D _ - J �' \ NEW WOODEN TRASH � A e RECE 7 - ' o PROPOSED WOODEN x _____-.: + � ��`•'=;�;=-"� --_ BENCHES (7) . ._,y_ r 1 _ �` •J BRUNI(I:PA'VERS �'~ PROPOSED LIGHTING ESII3TING SET ON F -� ! PARENG CONC.(TYPICAL) LANDSCAPING AND WALKS EXISTING (LOWER AREA) -fir§ N7THIN HOTEL AND BANK MARINA 6_1 PROJECT SITE _ [� (p z _ BUILDING 190E WROUGH41R, r' 10 326±SF W �W DECORATIVE i ATgR �Ng�_ FENCE LANDSCAPING AND WALKS N:' p WITHIN LOWER z 'FU`FURE WRfi1CW,q-�% �" q ' S `TI (OUTSIDE PROJECT 'U - - N1Ef2PRE7�yE Ri?£A �- 8,100t SF I N fW {}� T TOTAL A AND 11 SIAAUL7AN Lf� W7H HOTEL A m , AREA 18,WALKS AREA - 18 426tSF Date: 4/9/02 Revised: 3/10/03 ➢oo Revised Sheet 1 of 11 PROPOSED SITE PLAN PLANS ACCOMPANYING PETITION OF !DOOM Pickering Wharf. Realty Trust for the construction of a Hotel/Retail Building and j parking and .drainage improvements and the f� relocation of a Bank Building at _ 23 Congress Street and 223-231 Derby Street, Salem, Massachusetts — adjacent to the South River M.`?VV=0.0 CAN-ILEVERED WALK MLW=0.0 LICENSE PLAN NO. i 605- PER DEP W57-84221 Approved by Department of Environmental Protection EXISTING SEAWALL Date: EXISTING RIVERFRONT WALK - MARINA EXISTING G BUILDING - EXISTING PARKING BUILDINGS 63' SERVICE .DRIVE SIX STORIES PARKING Q D ACCESS DRIVE Z 0 O,� WALKWAY �-- 0 U HOTEL/RETAIL w U COVERED WALKWAY 10' WIDE WALKWAY U (UNCOVERED) Q PUB/CAFE DROP-OFF CARPORT r 0 m ACCESS DRIVE. z 0ji O ° PARKING HOTEL FRONT DOOR ~ z � LANDSCAPED AREA U W TWO-CAR V) DRIVE-THRU BANK BUILDING HOTEL/RETAIL Of U ONE ST Y SIDEWALK 20 STREET TREES SIDEWALK 63' CONGRESS STREET SIX STORIES DERBY STREET pF MqS SCOTT MN2G ;I PATR0IMCZ NOTES: o C L 1. MHW IS LOCATED AT EXISTING SEAWALL, 9No.33658p " ELEVATION 8.8 (MLW=0.0 DATUM) FQ1sTE AL 2. THE HISTORIC HIGH WATER SHORELINE IS JIB/yUj-,` LOCATED ALONG DERBY STREET IN ACCORDANCE WITH THE WRITTEN DETERMINATION W00-9751—N. PETITIONER REFERS TO BOWDITCH PLAN OF 1804 CROSS SECTIONS =OR HISTORIC HIGH WATER MARK. Revised Sheet 2 of 11 Date: 4/9/02 Revised: 3/10/03 i � V R 1" =A��5�i0n' � o`' ScoTr way GRAPMC PATR Gz SCALE z EXLSTING-BANK LOT o CML ram' MAP A LOT 440 E N,3,T1 NJ '_T t iti < < 'E'.X35' TING PARKING — • - HOLSE � " �z� litl ii li � "RUSSIAN f E IIl � lil ` ll ) -- SOCD ETIY' l G C4 __ 46L}OTA4``8' -- — CRESCENT" EXISTING PARHING CURRENT PL ZOO, Y "c: :.a.:,r•:=, - MAP 34, LOT 408 FE1y�k I - `. IMEAsD ;4RBELLA'. E)ifSTING'r .F1AFd LNG _ �._ •: w EXISTING PARHING ¢LQYtER AREA} it .. - _: 'AP.BLLLA p EIEVA TION RIVER i URRENT MEAN LOW WATER PER HL#3078, CURRENT PROPERTY LINE SHOWN ON PLAN /7/1955, RECORDED AT THE REGISTRY OF DEE-DS, PLAN BOOK 345, PLAN 10 RECORDED 8/2/2000. 908 LOW WATER LINE PER PER HL#3323, /28/1908 AND CONTRACT PLAN #96. EXISTING CONDITIONS PLAN OTE: THE CITY OF SALEM ASSESSOR'S HAVE SHOWING CURRENT PROPERTY LINES OT MODIFIED THE ASSESSOR'S SHEETS TO Sheet 3 of 11 HOW THE CURRENT PROPERTY LINES (AS ECORDED AT THE REGISTRY OF DEEDS). Date: 4/9/02 Revised: 3110103 6'13ETWEEN POSTS 2-3• DEFENDING �250 WATT HIGH PRESSURE 1°SQUARE--- ON FINAL -, SODIUM, ANTIQUE LOOKING WROUGHT, IRON SELECTION LIGHT FIXTURE; DOWNWARD DIRECTIONAL, FINAL SELECTION 1"SQUARE- -- -. _ u BY OTHERS. WROUGHT IRON — � N 4 3"SQUARE---- WROUGHT IRON _ m POST - A x zz 5/8"SQUARE z WROUGHT IRON MOUNTING PER o MANUFACTURER o DESIGNS FOR 4"t SQUARE LIGH"r POLE 100 MPH WIND /� LIGHT BASE COVER VELOCITY� / (PER MANUFACTURER) i'SQUARE'----- WROUGHT IRON 1" CHAMFERFINISHED GRACE _ 1 ,�\,� :, , • ' �' ' SURFACE TREATMENT (SEE PLAN) COMdfpN " -� FINISHED GRADE BUSHING H PVC CONDUIT (2" MIN.) sj. CONCRETE € 35 (TYP.) Z FOOTING g o Z � 3/4" DAM GALV. _ �^ 6pl STEEL ANCHOR BOLTS (4) 12"MIN D yai EMBEDDED A MINIMUM OF I- 30" INTO CONC. FOOTING DECORATIVE WROUGHT IRON FENCE 8443% `�•0`' $, ` a < a� '_�--COMPACTED GRAVEL SHALL BE CONSTRUCTED PER SALEM - '' - , SURROUNDING FOOTING Z PLAN BOARD SPECIFICATIONS. _� CONCRETE FOOTING (PRECAST OR - WROUGHT.IRON .TO BE PAINTED BLACK. /� �'�2"x12 S ONE CONTINUOUS POUR) (4500 psi) FIRM STABLE-' `LIGHT POL I 3/4" GROUND ROD E S WROUGHT IRON D SUBBASE DECORATIVE F N(iE CENTERED ' (IF REQUIRED BY ELECTRICIAN) Not To Scale ' � N Ol'E 0 - 1. USE CHASE PRECAST CORP, PRODUCT NO. LPD-12: OR r Z rf /� APPROVED EQUAL. PHONE: 1-800-242-7314 p 0 LICENSE PLAN NO. 100rg .+ 2. LIGHTING TO BE APPROVED BY MUNICIPAL LIGHT DEPT/DPW. m Approved by bepartment of Environmental Protection _f pate: LIGHTPOLE DETAIL ' - Not Ta Scale V) -_-p- - - - - -C3 o- - - - - STAIRS GROUND FLOOR NOT TO SCALE I ❑ LEGEND: FPA PUBLICLY 0 ACCESSIBLE RESTROOMS I I - FPA FACILITY OF. I IL"Jf PUBLIC g ACCOMMODATION FPA I � U w - ELECTRIC 0 E w o I LAUNDRY m ;, - 'm MECHANICAL CL r _ _ ui q ❑ � LOADING � a III - AREA la I COVERED III - . LOBBY EL�OUN EE'S DROP- FF III m.l 4 I I ELEVATORS j❑- _ RESIDENTIAL LOBBY - I INSIDE ❑ DUMPSTfft- I CHECK-IN/OFFICE STORAGE PANTRY ❑ I I I o �P`lN OF Mqd 3 SCOTT AN FPA Z PATROWICZ - iol. CML A O/STEW AL i I I FTA1RS PICKERING WHARF HOTEL GROUND FLOOR PLAN Q - - - - � Revised Sheet 5 of 11 Date: 4/9 /02 Revised: 3/10/03 sze'+/— ENTRY - - i 0 I BATHROOMS CONFERENCE ROOM LOUNGE I I I CAR B NKING TWO—CAR RIVE—THRU OVER ANG NI BANK BUILDING _ I CONGRESS ST. TELLER AREA i + 24' ip LOBBY ATM` CUSTOMER SERVICE BANK BUILDING NOT TO SCALE ATM WORKROOM OFFICE ATM VESTIBULE ENTRY OF SCOTT NN - P14TNOM[ICZ CIVIL ND 335H - C/STE TONAL L`CEINSE F A � I000 BANK BUILDING GROUND FLOOR PLAN y Revised Sheet 6 of 11 Date: 4/9/02 Revised: 3/10/03 F8p.2 L,EI �_ 79/O f 1'�ao-s ±.ems 6 3A0 ZT E„-�� `�``�� \ �t;55! gab, ✓ac k 264i �K.ti J Zv /ra > 90 134 60 CH 47C x�irt qd' .a'E' 445D .01 :TERM s P4 a 37 4-6 t1 r O ' a pERBY qqi 240)7 3 e 2H �87 19 248 440 43 i 25,453 15,523 ,� 2,6�_5 441 2J,20C ,p lr�lr SOUTH _. 5 0 U H RIVER ter---� 11 f ls4q P`tN Of Mqa I c f 02 SCOTT UN 435 I �TROMnCZ ' 1 ap$ `� ll N� �3 \t MAP 35, LOT 27.51 N/F MI-SKE REALTY & INVESTMENT TRUST MAP 35, LOT 27& N/F TH❑MAS J. PELLETIER MAP 35, LOT 269: N/F LYDIA E. PINKHAM MEM❑RIAL, C/O KAFOURY ARMSTRONG & CO, MAP 35, LOT 273: N/F CITY OF SALEM MAP 34, LOT 481: N/F ST.NICHOLS RUSSIAN ORTHODOX/CREEK CATHOLIC CHURCH MAP 34, L❑T 427.- N/F JEANAN REALTY TRUST MAP 34, LOT 436: N/F MASSACHUSETTS ELECTRIC Co. -- LICE SE PLAN NT . 1OM5- 0 50 too Appmedi by Departhent Of bviroame i!3I Prue-?jn- GRAPHIC Dz'z ASSESSORS SHEET SCALE _ Sheet 7 of 11 �" — 100' Date: 4/9/02 Revised: 3/10/03 I ` i • /g v "z--22a-22a P iev —2i as OH 1 Xa`xTNOR E q'Gt t O 9 0p04 � \ C? 0 1825 ; m 401 9 A � Atyg �J rr' ». m W O 37,595 O W N , a P4 TPN CENT «_ -EI 408 a` �Nn „�Q \ M A.P j? j 1 Pas \ LOT 4081J a.1 a 408 \ f t2441 4.55 AC \ yARF \\ az \GKk a rR;Ny rae Mo u It K \ '6 O as \ \6 4 Q as sa \ \ n, �`"^� r VER \ i 448 i NAP 35, LOT 408: U.S. DEPT. OF THE INTERIOR, NATII]NAL PARK SERVICE NAP 34, LOT 438! N/F CITY OF SALEM NAP 34, LOT 437: N/F SOUTH HARBOR HOLDINGS, LLC NAP 34, LOT 447: N/F PICKERING WHARF REALTY TRUST NAP 34, LOT 4081 N/F PICKERING WHARF CONDOMINIUM TRUST NAP 34, LOT 4481 SHETLAND TRUST, ROBERT I. LAPPIN, TR, emer �� i'cI�pa S A u; w vr. ' `.ail° to�� r.. a� Ma: ASSESSOR'S SHEET GRAPHIC Sheet 8 of 11 FY I �_ Ci'L jj AS OF OCTOBER 4. 1990, THE PROJECT .S1'h SITE WAS PART OF PICKERING WHARF 1 - �0' __ �'- _ '�r.�'�T CONDOMINIUM. EXISTING EASTERN BANK, IGRAPHIC ; 1` _- _ CHOWDER HOUSE. RUSSIAN AID SOCIETY AND EXISTING MARINA WERE/ARE NOT PART - - - - - tl � Or THE PiCKtRiNG WHARF `� ---- CONDOMINIMUM LOT. I ` c-\• o�� SCOTT _ r r" ? RCTflO1y�j E I LrNv Arl 9 N°.t�E66 ti CHOVD-R f1- 3- -I g RUSSIAN AID . __ 60 sOCIETY" l '_ u "TANCOox I I -_ CRESCENT" ^� 111 i I II - I I I I I I HL#3323 _ ~ rBE ' I Y YY I EX MARINA '� I� �� = �_a �•. $— � IIII Iln III II III � 'I' I III null � I �� lo A p°,yy��.m.�� d , fil llllllllllun IIIII II'IY l Il ulnll l III III p aRBi.LLa #757 Y I SQUTI� 'REVIOUS WATERWAYS LICENSES: PW#682 7/13/1926 DATUM: VJL �.O IL#782 11/8/1883 PW#3708 3/7/1955 I f: L#1646 3/28/1894 PW#4645 12/11/1962 (MARINA FLOATS) I I_#1647 3/9-8/1.894 (VOID) DEQE#757 9/4/1981 (MARINA FLOATS) L#2660 8/8/1902 DEP#6790 2/29/2000 (CANTILEVERED WALKWAY) I L#3323 9/28/1908 W#400 1/31/1924 PREVIOUS, WATERWAYS LICENSES W#485 11/13/1924 Sheet 9 of 11 W#486 11/13/1924 (VOID) z n� 4 a /� n /0133 I Dater /T� 9 /� 1,eVlse�: / U/ OF 1" = 50' GRAPHIC - SCOT m SCALE z — _ ;, crm aarnowiCZ ja No.33C56 "STEP W r s E7Q3',7'IId6.�/ - /j /V/�� oL SE AID G � SOCIETY" REIACATED BANK AREA _..- 12,4164SF "TANCOOK / �� CRESCENT" ' EXISTING PAREING k APBELLA" rill 4 NG PARKING 'T Y::'ravr�a� ,GyvY�b EXISTING PARKING 9 EX MARINA (LOWER AREA) /a�uvrvriamarvmxvv®.<,;�*ysr<z� � � � I � � ,t��„�„��'��•� N �✓,�' 5p \ o i L �. "ARBELLA` I SOUTHf . RIVER " r L7 5Z p �`r f 00Ds MEPA PROJECT SITE -t A by ue,,a ,e- 5 -- - � Sheet 10 of 11 Date: 4/9/02 Revised: 3/10/03 6'02I V) errs : 4-wie . . N w s a c7 � � Cl) R J, "- , . �w+ � '- -`. — 04 - - HIk2I� " . - - Q) r^ (�} �DA 0j COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION - ., ONE WINTER STREET, BOSTON,MA 02108 617-292-5500 c,q JANE SWIFT - BOB DURAND Governor May 10, 2002 Secretary /� LAUREN A.LISS / Commissioner lJ Pickering Wharf Realty Trust 1v� 1 C/o Paul Feldman Davis, Malm & D'Agostine, P.C. One Boston Place, 37th Floor Boston, MA 02108 RE: Waterways License Application No. WOO-9751-N/DEP Docket No. 2001-003/DEP Waterways License No. **** 9331 **** Pickering Wharf Hotel Project, Filled tidelands of the South River, Salem, Essex County - South District, Massachusetts Dear Mr. Feldman: The Department of Environmental Protection has approved the enclosed referenced license authorizing you to perform certain activities pursuant to G.L. Chapter 91 and regulations 310 CMR 9 . 00 . Any change in use or structural alteration from that authorized . herein requires the prior review of the Department to determine if a new Waterways authorization is required. Any unauthorized substantial change in use or substantial structural alteration of any structure or fill authorized by this license shall render it void. . Furthermore, the enclocea. replacement license must be recorded at the referenced Registry of Deeds within 60 days from date of issuance. Work or change in use authorized by this license shall not commence until said license and plans are recorded and the Department has received written notification of the date, book and page number of record. You must complete and return the enclosed Recording Notification Form to this office. You are also required to notify the Department in writing of the date the authorized work or change in use is completed. If you have any questions, contact Tom Maguire at (617) 292-5602 . Sin(/c^erely, Sharon M. Pelosi Program Chief Waterways Regulation Program This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. DEP on the World Wide Web: hftp:/Aw .state.ma.us/dep GO Printed on Recycled Paper Pickering Wharf Realty Trust Page 2 SAP/TM/tm CC: DEP-Region NE, Wetlands File No. 64-296 (w/enclosure) DEP OGC, Samuel Bennett (w/enclosure) MEPA Unit, EOEA No. 12167 (w/enclosure) Massachusetts Historical Commission Mass. DEM, Waterways Unit Office of Coastal Zone Management (3 copies) (w/enclosure) Ann M. Sobolewski, Esq. , Davis, Malm & D'Agostine (w/enclosure) William R. Morrman, Jr. , Esq. , Craig and Macauley (w/enclosure) Donald W. Suchma, Esq. , Craig and Macauley J. Hillary Rockett, Sr. , Trustee (w/enclosure) Michael J. Harrington, Sr. (w/enclosure) City of Salem Planning Department (w/enclosure) City of Salem Planning Board (w/enclosure) City of Salem Conservation Commission (w/enclosure) City of Salem Harbormaster (w/enclosure) Mayor Stanley Usovicz Re (aummnnwea tb of AUSSUOUatto No. 9331 fMeYttts, Pickering Wharf Realty Trust of -- Marblehead -- , in the County of -- Essex -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection to -- construct and maintain a 5-story, 99-room hotel building with a footprint approximately 14 , 323+/ square feet; a 1-story bank building with a footprint approximately 2 , 262.+/- square feet; associated parking; vehicle circulation roads ; waterfront walkway; connecting walkways, and landscaping. ------ ------------- ----- - --- - ---- ----- --- ------ and has submitted plans of the same; and whereas due notice of said application, and of the time and place fixed for. a: hearing thereon, has been given, as required by law, to the. --.Mayor and City Council-- of the -- City- - of -- Sa'_em- - - -- --- ----.=-- -- --- NOW, said Department, having heard all parties desiring to be , heard, and having fully considered said application, hereby, . subject to the approval of the Governor, authorizes and licenses the said ---------- - - -=- -- --- --- -- -- Pickering Wharf Realty Trust -- , subject to the provisd ons. of the ninety-first chapter of the General Laws, and .of al.l. laws : which are or may be in force applicable thereto, to - construct and maintain a 5-story, 99-room hotel building with a footprint approximately 14 , 323+/- square- feet ; a 1 -story bank building with a footprint approximately 2 , 262+/- square feet; associated parking; vehicle circulation roads; waterfront walkway; connecting walkways, - and landscaping. --- --- -- - -- - ---- --------- - in and over filled tidelands of -- the South River --. ih the -- City - - of -- Salem -- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. 9331 (11 sheets) . ----- - ---------- - - - -------- -- ---- ------ PRINTED ON RECYCLED PAPER License No. 9331 Page 2 The structures authorized hereby shall be limited to the following uses : Hotel Building - hotel, restaurant, bar, retail , and publicly accessible restroom; Outdoor Dining Areas Exterior to Hotel - restaurant; Bank Building - banking; Hotel and Bank Parking Area - parking associated with the on-site hotel, restaurant, bar, retail space, and bank; Waterfront and Areas Exterior To Buildings Intended for Pedestrian Access - public access to waterfront open space for passive recreational purposes . ---------------------------------------------------- Fill, structures, and uses on site were authorized by the following Waterways authorizations : HL 782 (1883) , HL 1.646 (1894) , HL 1647 (1894 - void due to failure to record) , HL 2660 (1902) , PW 400 (1904) , PW 486 (192`4 - void due to failure to record) , PW 682 (1926) . This license shall supersede those portions of those authorizations located on the project site . This license is valid for a` term of ' 30 years from the date of issuance. By written request of the Licensee for a new amendment, the Department may grant a renewal for the term of years not to exceed that authorized in ` this license . --- ---- This license is subject to the following Special Conditions and Standard Conditions : Special Conditions Special Condition 1 : The Licensee shall maintain the entire ground floor, of the 5-story hotel building exclusively for use by Facilities of Public Accommodation ( "FPAs") , where goods and services are made available to the transient public on a regular basis and the advantages of use are otherwise open on essentially equal terms to the public at large, . as further defined at 310 CMR 9 . 02 . Such FPAs shall'' include : (a) an approximately 2, 125 square foot restaurant plus exterior seating; (b) an approximately 1, 077 square foot breakfast and pantry area; (c) an approximately 1,094 square foot pub and bar; (d) an approximately 430 square foot lobby; (e) approximately 253 square foot publicly accessible restrooms; and (f) an approximately 5, 275 square feet retail space. Said facilities shall be completed in accordance with the schedule specified in Special Condition No. 8 . Special Condition 2 : The Licensee shall construct and maintain in good repair publicly accessible open space facilities of approximately 10, 326 ` square feet on the project site and 8, 100 square feet on the existing marina portion of the property. Said publicly accessible open space facilities shall be designed in accordance with Americans With Disability Act (ADA) standards. Said publicly accessible open space facilities shall be constructed and opened to the public in accordance with the schedule specified in Special Condition No. 9 . Said publicly License No. 9331 Page 3 accessible open space facilities shall include : (a) walkway authorized by DEP Waterways License No. 6790, including a pedestrian connection seaward of the marina building connecting to Congress Street . Said walkway shall be butted to the walkway required in (b) below, and both walkways jointly covered with a uniform surface sous to create a flush grade. Said .waterfront walkway shall be designed and constructed in such a 'manner so as to cause no interference with the marina authorized by PW Waterways License No. 4645 and DEQE Waterways License No. 757 . Specifically, the cantilevered walkway shall be designed and constructed to have a minimum clearance of 6 feet 9 inches above the elevation of the floats at extreme high water; cause no negative impact tothe structural stability of the seawall, existing backfill, marina building, and marina structures and floats; and none of the piles, floats, or other structures that constitute the marina shall have to be moved to accommodate the cantilevered walkway; (b) a riverfront walkway immediately landward of the stone seawall, with a minimum width of ten (10) feet clear, running along the entire length of the shoreline owned or controlled by the Licensee, with the exception that the riverfront walkway shall be routed on the landward side of the marina building to connect to Congress Street . Said riverfront walkway shall be butted to the walkway that the Licensee is building pursuant to DEP Waterways License No. 6790 . Ten feet - clear shall mean no obstacles shall be installed within the -minimum 10-foot area, including but .not limited to, seating, lighting, trash receptacles, newspaper distribution boxes, and landscaping. The ten foot clear width shall not be achieved by combining the riverfront walkway with that required under part (a) ; (c) connecting walkways, as . located and described on the final license plan, to connect the waterfront walkways described in (a) and (b) with the on-site uses authorized herein, Derby Street, and Congress Street . The outdoor dining areas located along the western side of the hotel building shall be sited in such a way so as to maintain unobstructed pedestrian access to the walkways from the south side of the hotel to Derby Street; (d) two cross walks, as located and described on the draft license plan; and . (e) connections from the walkways described in (a) and (b) to any existing waterfront walkways that may exist on adjacent areas or which may be built on adjacent areas in the future, so as to create a continuous publicly accessible waterfront walkway system around the South River. (f) seating, lighting, trash receptacles, and wrought iron decorative fencing, including a seating area located along the waterfront . A minimum of seven (7) wooden benches and seven (7) trash receptacles shall be provided. The lighting shall be designed so as to not cast light upon the South River and so as to not interfere with navigation during the License No. 9331 Page 4 night . The decorative fencing shall not include any gates or other structures across the walkways required herein; and (g) landscaping, substantially in those locations depicted on the final license plan. Special Condition 3 : The Licensee shall provide at least 42 , 422 square feet of open space on - the project site consisting of the following: approximately 10, 326+/- square feet of landscaping, walkways, and outdoor dining area; 29, 156+/-square feet of parking and vehicular circulation areas, and 2, 940 square feet of parking and landscaping. Said open space shall be used in conjunction with the parking, vehicular circulation, and publicly accessible open space facilities in those locations depicted on the final license plan. Special Condition 4 : The fagade of the hotel and bank buildings authorized herein shall be designed to be visually compatible with the waterfront walkway and the Derby Wharf Historic District . Visual compatibility shall be determined by the Salem Planning Board, in connection with the plan review and approval required by Special Condition No. 9 . Special Condition 5 : The Licensee may use approximately 29, 156+/- square feet of the project site (identified on Sheet 11 of the final license plan) for vehicular parking for bank and hotel building patrons and employees (including the retail, restaurant, and pub uses on the ground floor of the hotel) , including service vehicles . No other vehicular parking is authorized herein, including any structural alterations to any parking areas not located within the project site . As such, no vehicular parking for the on-site bank and hotel building uses (including the retail, restaurant, and pub use on the ground floor of the hotel) shall occur on the marina portion of the property. Special - Condition 6 : During the construction period, no storage of construction materials shall be allowed in the water-dependent use zone [which extends one hundred (100) feet landward of the existing stone bulkhead on the portion of the property seaward of the project site] . Prior to paving or making other modifications to the area within the water-dependent use zone (such as installation of any underground utilities or construction of the waterfront walkways) , the Licensee shall provide the marina operator with reasonable written notice of such activities, and provide temporary replacement parking elsewhere on the project site for the marina patrons . - Special Condition 7 : The facilities required by Special Condition No. 2 shall be available to the general public, free of charge, 24-hours a day. The Licensee shall make the restroom facilities specified in Special Condition No. 1 available to the public, free of charge, during all hours of hotel operation: The Licensee may adopt reasonable rules for use of the publicly accessible facilities specified in Special Condition 2 and the restrooms License No. 9331 Page 5 specified in Special Condition 1, subject to prior review and written approval by the Department, as are necessary for the protection of public health and safety and private property, and to ensure public use and enjoyment by minimizing conflicts between user groups. No amendment to said rules shall be made without prior written approval by the Department . Special Condition 8 : The Licensee shall place and maintain in good repair signage of an adequate size to be clearly visible to pedestrians from all walkway connections entering onto the site from Derby Street, Congress Street, and any adjacent waterfront walkways . Said signage shall notify the public of the availability of the publicly accessible waterfront walkways and related facilities, restrooms, hours of access, state that the walkways, other public amenities, and restrooms were required by the Department of Environmental Protection, the Waterways license number of the project, and the location on the project site where a copy of the license may be inspected by the public. Prior to placement of said signage, the Licensee shall submit a draft signage plan to the City of Salem Planning Department . Said plan shall identify the text and design of each sign, as well as the proposed location of the sign. Said signage shall be consistent with all local laws, regulations and by the Department' s sign specifications attached to this license. Said signage specified in this condition shall be constructed and completed in .accordance with the .schedule specified in Special Condition 9 . p -Special Condition 9 : Final plans for the walkways and other facilities required by Special Condition No. 2 , the fagade of the buildings, and the dumpster screening required by Special Condition 10, shall be subject to the prior review and written approval of the Salem Planning Department . Copies of said written approval and final approved plans shall be provided to the Department no later than 60 days following receipt of said approval . The walkway and other facilities specified in Special Condition No. 2, shall be completed and opened to the public, and signage installed pursuant to Special Condition 8, no later than issuance of the City of Salem Certificate of Occupancy for the first building completed on the site . The restrooms required.by Special Condition No. 1 shall be open to use by the general public no later than opening of the hotel for business . Special Condition 10 : The Licensee shall suitably screen the exterior dumpster (s) identified on the final license plan so as to not be visible to pedestrians from the publicly accessible portions of the site, Derby Street, and Pickering Way. Special Condition 11 : The Licensee shall utilize best efforts to arrange all deliveries and trash pick-ups to and from the project area at such times so as to minimize conflicts with the marina and other land uses in the project vicinity. The Licensee shall not allow any parking of vehicles, other than those engaged- in delivery or trash pick-up operations, to park in the alley located it License No. 9331 Page 6 on the east side of the hotel . Special Condition 12 : The Licensee shall submit, within three (3) months of the issuance of this License, a written management plan for the Department' s prior review and written approval that describes the manner in which the Licensee will ensure that all interior facilities of public accommodation, exterior publicly accessible open space facilities and public benefits associated with this project and required herein, are effectively sustained. Specifically, the plan shall address: signage welcoming the public to use the publicly accessible open space facilities and interior ground floor uses of the hotel, including the publicly accessible restrooms; signage and parking rules designating where hotel (including interior ground floor uses) and bank patrons shall park their vehicles (pursuant to Special Condition 5) ; a mechanism to ensure that project construction minimizes interference with marina operations; rules and operational procedures for access of the restrooms to the general public; and maintenance of the publicly accessible open spaces and walkways required herein. Special Condition 13: Except for any stormwater outfalls which may be indicated on the final license plans, no other stormwater outfalls shall be installed or are authorized herein. Special Condition 14 : Any structural alteration or change in use from that authorized herein and contained on the final license plan, including, but not limited to, construction and installation of a Conference Center or other structure which may be associated with a subsequent project phase, shall require the prior review of the Department to determine whether. additional licensing is required pursuant to MGL Chapter 91, the Public Waterfront Act, and 310 CMR 9. 00, the Waterways regulations. Special Condition 15: No later than sixty (60) days after issuance . of the City of. Salem Certificate of Occupancy for the hotel or bank, whichever Certificate is is-sued last, but in any case no longer than 5 years after issuance of this license, the Licensee shall apply to the Department for a Certificate of Compliance pursuant to the Waterways regulations, and provide the Department with an as-built plan stamped and signed by a registered professional engineer licensed to do business in the Commonwealth. Please see page seven (7) for the standards conditions to this license. Duplicate of said plan, number 9331 is on file in the office of said Department, and original of said plan accompanies this License, and is to be referred to as a part hereof. License No. 9331 Page 7 STANDARD WATERWAYS LICENSE CONDITIONS .1. Acceptance of this Waterways License Amendment shall constitute an agreement by the Licensee to conform with all terms and conditions stated herein. 2. This License Amendment is granted upon the express condition that any and all other applicable authorizations necessitated due to the provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized pursuant to this License. 3. Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require -the issuance by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure or fill authorized herein shall render this Waterways License Amendment void. 4. This Waterways License Amendment shall be revocable by the Department for noncompliance with the terms and conditions set forth herein. This License Amendment - may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee and those persons who have filed a written request for such notice with the Department and afforded them a reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this Waterways License Amendment void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee, its successors and assigns as an unauthorized and unlawful structure and/or fill. 5. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated herein and the details indicated on the accompanying license plans. " 6. Nothing. in this Waterways License Amendment shall be construed as authorizing encroachment in, on or over property not. owned or controlled by the Licensee, except °with the written consent of the owner or owners thereof. '7 This Waterways License Amendment is granted subject to all applicable Federal, State, County, and Municipal laws, ordinances and regulations including but not limited to a valid final Order of Conditions issued pursuant to the Wetlands Protection Act, G.L. Chapter 131, s.40. 8. This Waterways License Amendment is granted upon the express condition that the use of the structures and/or fill authorized hereby shall be in strict conformance with all applicable requirements and authorizations of the DEP, Division of Water Pollution Control. 9. This License amendment authorizes structure(s) and/or fill on: X Private Tidelands. In accordance with the public ear,ement that exists by law on private tidelands, the licensee shall allow the public to use and to pass freely upon the area of the subject .property lying between the high and low water marks, for the purposes of fishing, fowling, navigation, and the natural derivatives thereof. Commonwealth Tidelands. The Licensee shall not restrict the public's right - to use and to pass freely, .for any lawful purpose, upon lands lying seaward of the low water mark. Said lands are held in trust by the Commonwealth for the benefit of the public. a Great Pond of the Commonwealth. The Licensee shall not restrict the - public's right to use and to pass freely upon lands lying seaward of the high water mark for any lawful purpose. .No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license. 10. Unless otherwise expressly provided by this License Amendment, the licensee shall not limit the hours of availability of any areas of the subject property designated for public passage, nor place any gates, fences, or other structures on such areas in a manner that would impede or discourage the free flow-of pedestrian movement thereon. License No. 9331 Page 8 The amount of tidewater displaced by the work hereby authorized has been ascertained by said Department, and compensation thereof has been made by the said -- Pickering Wharf Realty Trust -- by paying into the treasury of the Commonwealth -- ten dollars and zero cents ($10. 00) -- for each cubic yard so displaced, being the amount hereby assessed by said Department . (1663 Cubic Yards = $16, 630. 00) Nothing in this License shall be so construed as to impair the legal rights of any person. This License shall be void unless the same and, the accompanying plan are recorded within 60 days from the date hereof, in the Registry of Deeds for the County of Essex - South District . IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this --tenth-- day of --May-- in the year two thousand and two. Program Chief Department of Environmental Protection THE COMMONWEALTH OF MASSACHUSETTS treasury of the Commonwealth by the said of the further sum of the amount determined by the Go nor as a just and equitable charge for rights and privi s hereby granted in the land of the Commonwealth. BOSTON, Governer License No. 9331 Page 9 SIGNAGE SPECIFICATIONS OF THE WATERWAYS REGULATION PROGRAM Waterways License Application No. W00-9751-N Waterways License No. 9331 Unless otherwise expressly provided in a license or other written authorization by the Department, all required signage shall conform to the following specifications., as applicable : 1 . all signs shall utilize durable materials and methods of construction and be a minimum of 24" by 18" in size; 2 . the Licensee shall maintain and repair all signs in good condition at all times; 3 . letter height shall be a minimum of 1/2-inch; 4 . design, text, and location of the signage required by Special Condition No. 7 shall be subject to the review and written approval of the City of Salem Planning Department . 5 . Unless specified otherwise by the City of Salem Planning Department as part of their signage approval specified in paragraph 4 above, the site entryway signage specified in Special Condition 8 shall consist of blue lettering on a white background and state "Waterfront Walkway" (minimum two inch height) ; "Open to the Public 24-Hours A Day" (minimum one and a half inches) , "MA Department of Environmental Protection, Waterways Regulation Program, License No. 9331" (minimum one half inch in height) ; and "These Walkways provided under Massachusetts General Law Cha pter 91 . For more information, call 617/292-5777" (minimum 1/2 inch in height) . 6 . Unless specified otherwise by the City of Salem Planning Department as part of their signage approval specified in paragraph 4 above, the sign exterior to the hotel specified in Special Condition 8 shall consist of blue lettering on a white background and state "Publicly Accessible Restrooms" (minimum two inch height) ; "Open to the Public During Hotel Operating Hours at No Charge" (minimum one inch) , "MA Department of Environmental Protection, Waterways Regulation Program, License No. 9331" (minimum one half inch in height) ; and "This Benefit Provided Under Massachusetts General Law Chapter 91 . For more information, call 617/292- 5777" (minimum 1/2 inch in height) . - ---------------------------------------------------------------- Note to Licensee: these specifications do not need to be recorded at your County Registry of Deeds . y.. E1pg Y 0 SE'0 SALEM z �r GRAPHIC _ .. ®aa q i. ._..`_t 2 q rq REc� SCALE _ ZMAC — :: 0 SALEM BUILDING FOOTPRINTS WITHIN V HOTEL AN CT IRKING AND BANK - > W OJECT TE 27,556f� ' LOCUS NTS ` RETAIL USE o- • W fi7 r HOTEL/RETAI WROUGH Z "CHOWDER T). FIE OU SEA HOUSE W SALEM NING 134 _ BOARD D STE "RUSSIAN C RED E OSU AID D F SOCIETY" w � DRIVE BANK THOU M i _ I o TANCOOK 0 .;, o '' CRESCENT" CRO SEC a SECT h� � �,. B RESTAURANT U CROSS r OF SECTION 8 _S c SWALK P L ti 100 PAINTED CROSSWALK DATUM: MSL=0.0 NEW WOODEN TRASH RECEPTICALS (7) A. n PROPOSED WOODEN E \ PAINTED CROSSW LK ® BENCHES (7) (� RICKIPA S �+ PROPOSED LIGHTING SSi'y, G I i�Nl PA - Q PARKING T's - --- LANDSCAPING AND WALKS W EXISTING LOWER AREA) CONC.(TYPIC __- '', WITHIN HOTEL AND BANK z / j PROJECT SITEMARINA _ u� BUILDING 1 9 WROUGHT I ON - 10,326fSF 9 IAp - IENE IECORATI I� LANDSCAPING AND WALKS i +I WITHIN LOWER AREA !� €'WA Y RFRONr, SEATITIG (OUTSIDE PROJECT SITE) C� r�ZT INTERPRETIVP AREAL_ 8.100-+SF 'c "�O !3 CDEPLW gjED WALKWAY PURSUgNT , TOTAL LANDSCAPING AND RIVER SIMULT\NEpUS HHOTELOmo MHW WALKS ARE = 18,426fSF Date: 9/28/00 Revised: 4/9/02 'oN� Shee 1 of 11 Z 0 " PROPOSED SITE PLAN PLANS ACCOMPANYING PETITION OF Pickering Wharf Realty Trust nrl l 117 01`r`ffrwt of ° } ' for .the construction of a Hotel/Retail Building and parking and drainage improvements and the relocation of a Bank Building at 23 Congress Street and .. 223-231 Derby Street, Salem, Massachusetts _ UH IUNG NI JL=U.0 MHW=8.8 Q CANTILEVERED WALK MLW=0.0 LICENSE PLAN NO: PER DEP W97-8421 EXISTING SEAWALL Approved by WwWwa of EnvimmeMal Prolow EXISTING RIVERFRONT WALK Detm Mwj- 1012oo?- MARINA BUILDING EXISTING EXISTING PARKING BUILDINGS 58' SERVICE DRIVE FIVE STORIES PARKING Q o N ACCESS DRIVE Z p O WALKWAY F- z V RESTAURANT HOTEL/RETAIL LA COVERED WALKWAY 10' WIDE WALKWAY V) (UNCOVERED) O DROP-OFF CARPORT U m o ACCESS DRIVE z0 �° O PARKING s _ -. HOTEL FRONT DOOR ~ Z LANDSCAPED AREA U ,v LW g TWO-CAR 9 V DRIVE-THRU V BANK BUILDING HOTEL/RETAIL or_ U ONE S Y SIDEWALK t STREET TREES SIDEWALK 58' CONGRESS STREET FIVE STORIES DERBY STREET s o T WI Z N NOTES: i c IL 1. MHW IS LOCATED AT EXISTING SEAWALL, No. ELEVATION 8.8 (MLW=0.0 DATUM) 9Fcrs e �� 2. THE HISTORIC HIGH WATER SHORELINE IS IT LOCATED ALONG DERBY STREET IN ACCORDANCE WITH THE WRITTEN DETERMINATION W00-9751-N. PETITIONER REFERS TO BOWDITCH PLAN OF 1804 CROSS SECTIONS FOR HISTORIC HIGH WATER MARK. Sheet 2 of 11 Date: 9/28/00 Revised: 4/9/02 tI ss s o 1" = 50' r ' - , P TR vmcz N GRAPHIC � SCALE z�, ��iz,d18 JI.�T - MAP ' � 445 l All F. W �r EASTERN _ — '�`� "CHOWDER EXLS47NG BARKING. — _ HOUSE.. --- — _ — - 'RUSSIAN ml ' _ _ AID SOCIETY' � �y i 1H 1 ..TAN000K i ;3d, I01? 446 _ CRESCENT i �� g l � I - -:- _ EXISTING PARKING r•• \ AS CURRENT PL Ia �yEgR MAP 34 LOT 408 11L1 : , 9•Zb&0, ARBELLA Ep EX15T1xG: PARKING I W STING PARKING �0� ltgnR AREA r ly N °D "ARBELLA WALL ELEVA TION=&s �"`� I SOUTH '� •., �� % A" RIVER 'S CURRENT MEAN LOW WATER PER HLf3078, CURRENT PROPERTY LINE SHOWN NPL PLA AN 3/7/1955. RECORDED AT REGISTRY OF DEEDS, BOOK 345, PLAN 10 RECORDED 8/2/2000. 1908 LOW WATER LINE PER PER HL03323, 9/28/1908 AND CONTRACT PLAN #96. EXISTING CONDITIONS PLAN NOTE: THE CITY OF SALEM ASSESSOR'S HAVE ' SHOWING CURRENT PROPERTY LINES NOT MODIFIED THE ASSESSOR'S SHEETS TO Sheet 3 of 11 SHOW THE CURRENT PROPERTY LINES (AS urrnPQFn AT THE REGISTRY OF DEEDS). Date: 9/28/00 Revised: 4/9/0: 6'BETWEEN POSTS O'Co 2-3 250 WATT HIGH PRESSURE 3 DEPENDING %}c I ON FINAL SODIUM, ANTIQUE LOOKING 3 M WROUGHT IRON SELECTION LIGHT FIXTURE. DOWNWARD A m DIRECTIONAL. FINAL SELECTION 10SQUARE BY OTHERS. WROUGHT IRON m N 0 3"SQUARE ? p WROUGHT IRON z �y POST v x 1 C 5/8"SQUARE N MOUNTING PER "f WROUGHT IRON 'n V 0 MANUFACTURER A 4"t SQUARE LIGHT POLE DESIGNS FOR � V 100 MPH WIND m VELOCITY LIGHT BASE COVER 15z (PER MANUFACTURER) 1"SQUARE 0 i WROUGHT IRON �, 1" CHAMFER FINISHED GRADE ✓� SURFACE TREATMENT (SEE PLAN) FINISHED GRADE Q rn a u BUSHING PVC CONDUIT (2" MIN.) •..'. ^�•:;: CONCRETE 3/4" DIAM GALV. z FOOTING ? STEEL ANCHOR BOLTS (4) (.0 12"MIN EMBEDDED A MINIMUM OF 1= 30" INTO CONC. FOOTING N (7 DECORATIVE WROUGHT IRON FENCE :� `<••'' ',; COMPACTED GRAVEL 00 O SHALL BE CONSTRUCTED PER SALEM SURROUNDING FOOTING p Z PLAN BOARD SPECIFICATIONS. j yI� _ ' ' ` '_� CONCRETE FOOTING (PRECAST OR p N WROUGHT IRON TO BE PAINTED BLACK. / �2 x12 SOUAf� ONE CONTINUOUS POUR) (4500 psi) FI STABLE- LIGHT POLE IS �� 3/4" GROUND ROD C WROUGHT IRON DECORATIVE FENCE eeASE CENTERED (IF REQUIRED BY ELECTRICIAN N, S - Plet To Scale 4P,,:>`.w NOTE: ) �i, z D n �� ' (p M O - �:?J; ' 1. USE CHASE PRECAST CORP. PRODUCT NO. LPD-12 OR a fi Z <fr T APPROVED EQUAL. PHONE: 1-800-242-7314 2. LIGHTING TO BE APPROVED BY MUNICIPAL LIGHT DEPT/DPW. 0 �q Na LIGHTPOLE DETAIL S113St` Not TO Sale o � N N HOTEL/RETAIL 1L] BUILDING GROUND FLOOR NOT TO SCALE �, RETAIL USE I j a e LEGEND: I HOTEL/RETAIL . MINE PUBLICYLE 223-231 DERBY STJL � RESTROOMS e FIVE STORIES a uS� 3 p 0 Q FOOTPRINT = 14.323±SF a GFA = 69.666tSF PER ARCHITECT Y ( ) ILL J I3 n I � - I01 pg I I � _ _ N N :) OW COVERED I y LOBBY LOADING II AREA r I J 1 hO p� I � a POOL RESTAURANT USE I I CAL _ _ 0 LICENSE PLAN NO. ?JV/ Approved by Department of Environmental Protectbn tiN date: MA%( to , Zoo 2. G L O. �n FQ HOTEL/RETAIL BUILDING GROUND FLOOR PLAN ' Sheet 5 of 11 Date: 9/28/00 Revised: 4/9/02 39' 17-1 ATM VAULT I CAR BANKING TWO-CAR DRIVE-THRU OVERHANG N I I I OFFICE/ EMPLOYEE'S BATHROOM TELLER -- -- -- - --- - - io AREA 25' LOBBY BANK BUILDING OFFICE NOT TO SCALE ENTRY IiF Mq UCENSE PLAN NO, 33l T Z tim approved by pep nt of Environmental Prnte� W41 N . 36 y bate: M Q -. � �r Z 00 Z BANK BUILDING GROUND FLOOR PLAb Sheet 6, of 11 IDate: 9/28/00 Revised: 4/9/0: EGB 2 h 268 T3lO N �ao-s \ J�� r349a 9 6591 267 � ` S T. 26g1 , Z9334 5c V. O� .R `4 ,��• -� '� 1 1 AE �A 445� F" // 7,010 /� w400 V ` W STREET. � y I � ►'� ERY c� /�•t v '+ m 0 No 438 a 44017 MAp 9ERe1 �r 1 jg248 440 i A31 44*7 15r �� ;•n ' i2 re'D0... 44! ' s N v Ln '" A zi, zoc t SOUTH 1� RIVER � U ! ER � 4 \ PAlROWICZ m j c y TP + ` h;>��Oa ? 44 "i � E B -•.'1. ^r..,,�._ 1 Nam., MAP 35, LOT 275: N/F MI—SKE REALTY & INVESTMENT TRUST MAP 35, LOT 2761 N/F TH❑MAS J. PELLETIER MAP 35, LOT 269: N/F LYDIA E. PINKHAM MEM❑RIAL, C/❑ KAF❑URY ARMSTR❑NG & CO. MAP 35, LOT 2731 N/F CITY OF SALEM MAP 34, LOT 4811 N/F ST,NICH❑LS RUSSIAN ❑RTH❑D❑X/GREEK CATH❑LIC CHURCF MAP 34, LOT 427: N/F JEANAN REALTY TRUST MAP 34, LOT 436: N/F MASSACHUSETTS ELECTRIC C❑, LICENSE PLAN NO, � 33I ASSESSORS SHEE• ° '� GRAPHIC AppmadbyWpubuntofEmkonmentalPmt*a.d*l Sheet 7 of 1' SCALE Date: Moy' FD', 2ooZ 1" r 100• Date: 9/28/00 Revised: 4/9/0 3e96 `� Z3�3�a6� }/ 00 \ MAP J� YYS•YY) Se N6 C LUT 408 a F `,o r HAWTHORNE 0 90 Z y 40 p q F;� \ g 4, ID 1 `W 446 182 e , m 13 � \ Q n J pO'r r� 37�595 Q W s `yF gtol OP CENT ♦O \.. - T 408 '� \ y R��pTEI ,O - a`O 2 MAP 34 n feST reK \ 9 LOT 408 4474,55 AC a a 408 \ �QRFF96'2k \\ °�"''°° r°*" 1 \\s t ` \ C g° L \ 7-7 RIVER \ \ 44 448 MAP 35., LOT 4081 U.S. DEPT. OF THE INTERI❑R, NATI❑NAL PARK SERVICE MAP 34, LOT 438; N/F CITY OF SALEM MAP 34, LOT 437: N/F SOUTH HARBOR H❑LDINGS, LLC MAP 34, LOT 447: N/F PICKERING WHARF REALTY TRUST MAP 34, LOT 408i N/F PICKERING WHARF C❑ND❑MINIUM TRUST MAP 34, LOT 448; SHETLAND ❑BERT I. LAPPIN, TR. 'itk wN LICENSE PLAN NO. 9331 P Approved by Department of Envkanmentat Profecfi's:,; No.3 Date:May, to1 ,Z CIO Z o 50 ,OO ASSESSOR'S SHEET GRAPHIC ; `i . Sheet 8 of 11 SCALE 1" = too' '� -Date: ,9/28/00 Revised: 4/9/02 P FT— Amply • . amply v on umin mpmr "' latmml 4.Ics2ae •uu n111i1 1 r' 1 moommi iiiri Qi�, ► it OWDER a±taut mmei • �umu ,a►-o m:•s1ly It\nmly 11►d• • Mac IN • M57 7 al'•' AID 1. mmirmi iaao 1i 4�: • o,.�ai c 1 c • 1 iiiiallome li� m:.amU ly1�.em1 1mr•o O n•.rn •• 11JLmly Im1:�'lattmmmtaamaarmamly lae••�oouuoolon Iaalyratamamtaaaamataal Immm1t1m11tm1m1amm1mml ramamlltaaammtmammuml , lymlytmutminonlm■. :c: — 1ua11numomnmamim ounoulnlytalnlyamin nunpmminlunnlmtnl 11� tumrmuauaouuou, f6 iammllrmm1m1m1m1mmm1ml uamamm11p1moolmom Ipuulmnnaomutn - loommomion rmpumoopoopmo olunmmlunomoan umuiollnmouuu�sl �e m11ly1mpnllmnlllymmlm.ir otnomnnlymmllyuplytc is it oemarrrr. �Zal - 11mm1m111m1m1m1m111mtml iiiiiiiiiii n IIE.,r:nu.m; mom mummrua kF-o3�—�C1x_s! 9lrgPR IIJ':IIIR d�lr ldl7::=-�lunmm IlfnnynC��l�p2mrilatmlmtly &WHIll miming IIIIIIlIIIIIIl�� 1®sal$ �� r'— " IIIIPulmnunnmuumiumminmm 711111g111••a�lf�1!-�!1�i r��1 , .'4•, �I ammnoulmuum111Jl�uaell �i.•,�'4• �. 11111111111'� ',. NI nuiiilllllllllllllllllll.. i i •; off • 1: a. GRAPHIC SCALE a %/ "CHOWDER o HOUSE" Q4 "RUSSIAN i AID SOCIETY s, 0 RELOCATED BANK AREA 12,418f9F � �+ "TANCOOK CRESCENT" EXISTING PARKING �— ARBELLA' A NG PARKING Q( s EXISTING PARKING i EX MARINA I (LOWER AREA) - BUILDING a, v s "ARBELLA" SOUTH ' RIVER w LICENSE PLAN! NO. 9331 s o �y approved by Department of Environmental Protectroa P O CZ m Date: Mo�y ( O) ZOO Z. .33 y 0 MEPA PROJECT SITE Sheet 10 of 11 L Date: 9/28/00 Revised: 4/9/02 50' GRAPHIC ........... SCALE N r URN \B E)USTIKG PARKING CHOWDER 0� HOUSE" , \PR 9 E. y P$07E T, S R\ S OF� p \ PH TER ,5 04&+:Z "RUSSIAN AID SOCIETY" . . . .. . "TANCOOK CRESCENT" EXISTING PARKING R ELLA -EMS-TING PARKING EXISTING PARKING ,114.4 fL'-WFR AREA) L BUIIZING Lf ARBELLA" SOUTH RIVER ILL LICENSE PLAN NO. q 3 31 Appmved by Deptuent of Environmental Pmtec5n scoTr m PAT lkte: s Ml -ml`401 ZO c 6 CHAPTER 91 PROJECT SITE Sheet 11 of 11 Date: 9/28/00 Revised: 4/9/02 COMMONWEALTH OF MASSACHUSETTS �� EXECUTIVE OFFICE OF ENVIRONMENTAL �A1F&:4P12S 1VED DEPARTMENT OF ENVIRONMENTAL PROTECTION rn1 METROPOLITAN BOSTON-NORTHEAST REGIONAL OF�.+ �)�„� —2 M.4 I:a-- 06 - ARGEO PAUL CELLUCCI SALEM Governor PLANNING. �F� � DY COXE . TRU Secretary DAVID B. STRUHS FEB 2 9 2000 Commissioner i Mr. T. Michael Rockett c/o Mr. William H. Kelley Ticker-' s Wharf, P.O. Box 212 Marblehead, MA 01945 RE : Waterways License Application No. W97-8421, License No. 6790 South River, Salem, Essex County Dear Mr. Rockett : The Department of Environmental Protection has approved the enclosed referenced license authorizing you to perform certain activities pursuant to M.G.L. Chapter 91 and regulations 310 CMR 9 . 00 . any unauthorized substantial change in use or substantial structural alteration of any structure or fill authorized by this license shall render it void. Pursuant to 310 CMR 9 . 17 (1) (a) and 9 . 17 (2) ; the Licensee may appeal this decision within twenty-one (21) days of the date of license issuance, by submitting a written request, by certified mail, for an adjudicatory hearing. Any notice of claim for an adjudicatory hearing must include the following information: the DEP Waterways Application File Number; the complete name, address and telephone number of the party filing the request; if represented by counsel, the name, address and telephone number of the attorney; a clear statement that a formal adjudicatory hearing is being requested; and a clear and concise statement of the specific objections to the Department' s license decision, and the relief sought through the adjudicatory hearing, including, specifically , the changes desired in the final Waterways License. The hearing request, along with a valid check made payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100 . 00) , must be mailed to : . Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 10 Commerce Way • Woburn,Massachusetts 01801 • FAX (781! 932-7615 • Telephone (781) 932-7600 • TDD#(617)932-7679 .m License No. 6790 . Page 2 At the same time, a copy of this appeal must be sent to the DEP Waterways Regulation Program, the municipal official of the city or town where the project is located, and any other parties to this proceeding. In addition, this appeal must include a statement that the appropriate copies have been delivered as described herein. Furthermore, this license must be recorded at the referenced County Registry of Deeds within 60 days from the date of issuance. The work or change in use authorized by this license shall not commence until said license and plans are recorded, the Department has received written notification of the date, book, and page number of record, or if the Department receives the enclosed Notification Form to this office. - S ncerely mes A. gue Section Chief Div. of Wetlands and Waterways cc : DEP/Waterways Regulation Program, Boston Salem Conservation Commission William Wholley, Harbormaster �m James A. Sprague, Section Chief Division of Wetlands and Waterways Department of Environmental Protection 10 Commerce Street Woburn, MA 01801 RE : Waterways Application No. W97-8421/License No. 6790 - South River, Salem, Essex County Dear Mr. Sprague : This is, to notify you that the referenced license was recorded on book number page number(s) We will notify your office in writing of the date the authorized work or change in use is completed. Sincerely, JAS/ LICENSE VOID IF NOT RECORDED WITHIN 60 DAYS OF ISSUANCE •o (Tht T=Manwal th Jof Mitfignounfto No. 6790 Pickering Wharf Realty Trust of -- Salem -- , in the County of -- Essex -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection for license to -- construct and maintain a cantilevered, public access walkway -------- and has submitted plans of the same; and whereas due notice of said application, has been given, as required by law, to the -- Mayor and City Council -- of the -- City -- of Salem; -------------------------- NOW, said Department, having heard all parties desiring to be heard, and having fully considered said application, hereby, subject to the approval of the Governor, authorizes and licenses the said -- Pickering Wharf Realty Trust -- , subject to the provisions of the ninety-first chapter of the General Laws, and of all laws which are or may be in force applicable thereto, to -- construct and maintain a cantilevered, public access walkway ------------------------------------ in and over the waters of -- South River -- in the -- City -- of -- Salem -- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. 6790, (1 sheet) . PRINTED ON RECYCLED PAPER License No. 6790 Page 2 The structures hereby authorized shall be limited to the following use (s) : to provide a public access walkway. The tidewater displacement and commonwealth tidelands occupation fees listed on page 4 of this license may be paid in three installments . The first installment is due prior to issuance of this license . The next two installments shall be paid by the end of each of the following two years . This license shall expire thirty'(30) years from the date of issuance. By written request of the Licensee for an amendment, the Department may Y grant a renewal for the term of years not to exceed that authorized in the original license. Please see page 3 for additional conditions to this license . ---------- -------------------------------------------------------- Duplicate of said plan, number 6790 is on file in the office of said Department, and original of said plan accompanies this License, and is to be referred to as a part hereof. License No. 6790 Page 3 STANDARD WATERWAYS LICENSE CONDITIONS 1. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform with all terms and conditions stated herein. 2. This License is granted upon the express condition that any and all other applicable authorizations necessitated due to the provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized pursuant to this License. 3. Any change in- use or any substantial structural alteration of any structure or fill authorized herein shall require the issuance by the Department of a new Waterways License in accordance with the provisions and procedures establishedin Chapter 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure or fill authorized herein shall render this Waterways License void. 4. This Waterways License shall be revocable by the Department for noncompliance with the .terms and conditions set forth herein. This license may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee and those persons who have filed a written request for such notice with the Department and afforded them a reasonable opportunity to correct said noncompliance-. Failure to correct --=--aazsd noncompliance after the issuance of a written notice by the Department shall render this Waterways License void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee, its successors and assigns as an unauthorized and unlawful structure and/or fill. 5. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated herein and the details indicated on the accompanying license plans. 6. Nothing in this Waterways License shall be construed as authorizing encroachment in, on or over property not owned or controlled by the Licensee, except with the written consent of the owner or owners thereof. 7. This Waterways License is granted subject to all applicable Federal, State, County, and Municipal laws, ordinances and regulations including but not limited to a valid final. order of Conditions issued pursuant to the Wetlands Protection Act, G.L. Chapter 131, s.40. 8. This Waterways License is granted upon the express condition that the use of the structures and/or fill authorized hereby shall be in strict conformance with all applicable requirements and authorizations of the DEP, Division of water Pollution Control. 9. This License authorizes structure(s) and/or fill on: X 'Private Tidelands. In accordance with the public easement that exists by law on private tidelands, the licensee shall allow the public to use and to pass - freely upon the area of the subject property lying between the high and low water marks, for the purposes of fishing, fowling, navigation, and the natural derivatives thereof. X Commonwealth Tidelands. The Licensee shall net restrict the public's right to use and to pass freely, for any lawful purpose, upon lands lying seaward of the low water mark. Said lands are held in trust by the Commonwealth for the benefit of the public. _ a Great Pond of the Commonwealth. The Licensee shall not restrict the public's right to use and to pass freely upon lands lying seaward of the high water mark for any lawful purpose. No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license. 10. Unless otherwise expressly provided by this license, the licensee shall not limit the . hours of availability of any areas of the subject property designated for public passage, nor place any gates, fences, or other structures on such areas in a manner that would impede or discourage the free flow of pedestrian movement thereon. lot License No. 6790 Page 4 The amou nt of tidewater displaced by the work hereby authorized has been ascertained by said Department, and compensation thereof has been made by the said-Pickering Wharf Realty Trust -- by paying into the treasury of the Commonwealth--two dollars and zero cents ($2.00) - - for each cubic yard so displaced, being the amount hereby assessed by said Department. (0.00 cu. yds. = $0.00) Nothing in this License shall be so construed as to impair the legal rights of any person. This License shall be void unless the same and the accompanying plan are recorded within 60 days from the date hereof, in the Registry of Deeds for the County of--Essex ----------------------- IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this twenty-ninth da of . February �- -.� Y �' in the year two ihousand. Department of Commissioner Environmental Section Chief Protection THE COMMONWEALTH OF MASSACHUSETTS This license is approved in consideration of the payment into the treasury of the Commonwealth by the said-Pickering Wharf Realty Trust----------------------------------------------------------------- the further sum of-- six thousand six hundred and ninety dollars and zero cents ($6,690.00) the amount determined by the Governor as a just and equitable charge for rights and privileges hereby granted in the land of the Commonwealth BOSTON, Approved by the Governor. Governor •. .. '. c' � ' 13oMC1Mit ,a q+IgpLES F. �; ^ oulCML Y 111 s a CM ,* Y pll 'F LOCUS SIDEWALK CONTROLLED GATE ACCESS TO FLOATS -MARINA .( .. CURB o�-ceol.704 c : " y ALKWAY RA II IIYG - - SOUTH ELEVATION SCALE: I^ =40' A BIT CONC.PARKING LOT eMARrNAOFi avnonvc LIC NQ!S (D.P-'W 3708;:'64S), fD E.QE 438J W w f.IRMYENGII S, N6 Md $ALE /G8) q• � [, m .1rw1 . tmat /tom' t ,ST�iYL' T[>4EMF 1y1uT/i F� ALAxFI�..... V1 .� -. AA96IP` .- - �.: Ry FLOATS FLOATS F4t)A 8 $ QC u V SOUTHRIVER PRMWE PUBI IC ACCESS MAW FEET PLAN ACCOMPANYING PETOF III+3NI PICKERING WHARF REALTY TRUS TO HEET I OF I CONSTRUCT AND MAINTAIN ` A PUBLIC ACCESS-WALKWAY LICENSE PLAN NO. 09 OVER THE SOUTH RIVER by of I.Protein . (NORTH BASIN) ai r�nz11 �:2 9 BY THE ROBERT 70 NICHOLAS RD.FRANIINOHAM,IvfA`!J(70t SCALE:AS-SHOWN. ... DATE:JAN.28 1997 r Steve Falvey ^ -New England Regional Council of Carpent 350 Fordham Road JAN 2004 Wilmington, MA 01887] FEB 02 2004 CI'TYOFSALEM MAYOR'S OFFICE -- 7' January 26, 2004 Ben Lynch, Program Chief DEP Waterways Regulation Program One Winter Street, 611 Floor Boston MA 02108 Re: Waterways application No. W00-9751-N, Amendment to Waterways License 9331, Pickering Wharf Hotel, Salem MA bEf 0 6y_ 276 Dear Mr. Lynch: I am taking this opportunity to supplement my appeal statement of January 7, 2004, since I was informed that I only had about an hour after I got notification of the December 17, 2003 determination to get the appeal filed, and I had time only for a minimal statement. First, on the subject of notification, I was informed that I did not get notice of the December 17 determination because the DEP was under the belief that our May 23, 2003 comments had been withdrawn. I found out about the determination on January 7 only because I called DEP on that date to ask about the status of the application. I did not withdraw those comments, and none of the others who joined in them withdrew them either. I do not know how the mistake was made, but someone falsely identifying themselves to be me or falsely saying they were acting on my behalf and withdrawing the comments, if that is what actually happened, would be a very serious thing. I ask the agency to investigate and find out exactly why the agency believed that those comments had been withdrawn, and inform me about the results of that investigation. On the subject of the appeal, I am just saying as I did in my May 23, 2003 comments that it seems to me that the application for the change in the license represents a very meaningful change in the nature of the project, and that the change has potential environmental impacts that should be examined before the amendment is approved. Instead of just a hotel, with people visiting on a temporary basis, two floors of permanent residential units are proposed. It seems really obvious to me that waterfront residential unit owners will be much more inclined than temporary hotel guests to keep their own boats in the area I am no expert on these matters, but this increased congestion of the tidal area and waterway seems to me to raise public access issues that merit closer examination by the agency before acting on the application for the change. Since the DEP was under the mistaken view that the May 23 comments were withdrawn, it did not address them in its December 17, 2003 determination. We submitted our comments so that DEP would consider the issue of the impact on the tidal area of adding permanent residential units to the project in deciding whether to approve the proposed amendment. It appears that the agency did not consider those matters because someone mistakenly thought that we had withdrawn the comments. I cannot understand how an application process can be proper that,for whatever reason, does not consider the comments that the DEP solicited from us to use in deciding whether to approve the application. I am mailing a copy of this letter to the applicant and to the Mayor of Salem. Thank you for considering my comments and concerns. Sincerely, -�4; Steve Falvey JOI cc: Derby& Congress Street Realty Trust Mayor of Salem